The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

Citation and commencement

1.—(1) These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008.

(2) This regulation, regulations 2, 5, 7, 9, 11 and 12 and the Schedule come into force on 20th January 2009.

(3) The other provisions of these Regulations come into force on 12th October 2009.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Safeguarding Vulnerable Groups Act 2006;

“employment” includes any arrangement (contractual or otherwise) under or by virtue of which a person (P) is permitted to engage in regulated or controlled activity;

“P” means any person in relation to whom a person has a duty or power to provide information prescribed in regulations 3 to 11 to IBB for the purposes of sections 35, 36, 37, 39, 40, 41, 42, 45 and 46 of the Act;

(2) In these Regulations, a reference to P’s conduct is a reference to any offence which P has committed or is alleged to have committed, any incident involving P or any behaviour or other act or omission of P’s that—

(a) gave rise to the provision of information to IBB under section 35, 36, 39, 41 or 45 of the Act; or

(b) in relation to which IBB is considering whether to include or remove P in or from a barred list.

Regulated activity providers and responsible persons: duty to refer

3.  The information specified in the Schedule is prescribed for the purposes of section 35(1)(a) and (b) of the Act.

Personnel suppliers: duty to refer

4.—(1) The following information is prescribed for the purposes of section 36(1) and (2) of the Act—

(a) the information specified in the Schedule; and

(b) where the personnel supplier is an employment business or employment agency(1), any other information held by that personnel supplier under Schedule 4 to the Conduct of Employment Agencies and Employment Business Regulations 2003(2) (particulars relating to work-seekers) except the information specified in paragraph 10 of that Schedule.

(2) The following information is prescribed for the purposes of section 36(3) of the Act—

(a) the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) details of the course that P is following at the educational institution including the name and duration of the course and the qualification or other accreditation to which the course leads;

(c) a copy of P’s application for a place on the course;

(d) the date on which P began the course;

(e) details of any regulated activity or controlled activity in which P has engaged as a result of P having been supplied to another person by the educational institution for the purposes of engaging in such activity including—

(i) the date on which any placement began and the duration of the placement;

(ii) the name and address of the person to whom P was supplied;

(iii) the setting and location of the placement;

(iv) whether the activity was one relating to children or to vulnerable adults;

(v) a description of the position held and the duties undertaken by P;

(f) the date on which and the reasons why the educational institution determined—

(i) to cease to supply P to another person for P to engage in regulated or controlled activity;

(ii) that P should cease to follow a course at the institution;

(g) where an educational institution does not make a determination as mentioned in paragraph (f) but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course, the reasons why the institution would or might have made any such determination;

(h) details of any comments or reports made by persons to whom P was supplied for the purposes of engaging in the regulated or controlled activity;

(i) an assessment of P’s progress on the course (including P’s placements with persons for the purposes of engaging in regulated or controlled activity).

Regulated activity providers, responsible persons and personnel suppliers: duty to provide information on request

5.—(1) The information specified in the Schedule is prescribed for the purposes of section 37(2)(a) and (b) of the Act.

(2) The information specified in regulation 4(1) is prescribed for the purposes of section 37(2)(c) of the Act.

(3) The information specified in regulation 4(2) is prescribed for the purposes of section 37(2)(d) of the Act.

Local authorities: referral of information to IBB

6.  The following information is prescribed for the purposes of section 39(1) and (5) of the Act—

(a) the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in a barred list including information contained in reports of and minutes of meetings arising from investigations relating to the protection of children or vulnerable adults.

Local authorities: duty to provide information on request

7.  The following information is prescribed for the purposes of section 40(2) of the Act—

(a) the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information contained in reports of and minutes of meetings arising from investigations relating to the protection of children or vulnerable adults.

Keepers of relevant registers: duty to refer

8.  The following information is prescribed for the purposes of section 41(1) and (5) of the Act—

(a) the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in a barred list including information relating to any decisions made, actions taken or complaints received by the keeper in relation to P.

Keepers of relevant registers: duty to provide information on request

9.  The following information is prescribed for the purposes of section 42(2) of the Act—

(a) the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information relating to any decisions made, actions taken or complaints received by the keeper in relation to P.

Supervisory authorities: referral of information

10.  The following is prescribed information for the purposes of section 45(1) and (5) of the Act—

(a) the information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in a barred list including information relating to any decisions made, actions taken, complaints received or inspections undertaken by the authority in relation to P.

Supervisory authorities: duty to provide information on request

11.  The following is prescribed information for the purposes of section 46(1) and (2) of the Act—

(a) The information specified in paragraphs 1 to 3, 5, 6, 9 and 10 of the Schedule;

(b) any information other than that relating to P’s conduct which is likely to, or may, be relevant in considering whether P should be included in or removed from a barred list including information relating to any decisions made, actions taken, complaints received or inspections undertaken by the authority in relation to P.

Prescribed Details of convictions and cautions

12.—(1) The following details of relevant matter(3) relating to a person to whom paragraphs 1 to 5 or 7 to 11 of Schedule 3 to the Act apply are prescribed for the purposes of paragraph 19(1)(b) of Schedule 3 to the Act.

(2) A description of the offence committed by that person and the date on which the offence was committed and—

(a) where P has been convicted of that offence, the date on which and the court at which P was convicted of that offence and the sentence imposed;

(b) where P has been cautioned in relation to that offence, the date on which and place at which the caution was administered.

Duty on the IBB to provide information to the Secretary of State

13.—(1) The following information relating to a person is prescribed for the purposes of paragraph 21of Schedule 3 to the Act.

(2) For the purposes of sub-paragraph (a) of paragraph 21—

(a) the information specified in paragraph 1 of the Schedule;

(b) whether that person is included in the children’s barred list or the adults’ barred list (or both), the date of and the reasons for inclusion in any such list (including which of paragraphs 1 to 5 or 7 to 11 of Schedule 3 to the Act IBB relied upon in including P in a list).

(3) For the purposes of sub-paragraph (b) of paragraph 21—

(a) the information specified in paragraph 1 of the Schedule;

(b) whether that person is being considered by IBB for inclusion in the children’s barred list or the adults’ barred list (or both) and which of paragraphs 3, 5, 9 or 11 of Schedule 3 to the Act applies.

(4) For the purposes of sub-paragraph (c) of paragraph 21—

(a) the information specified in paragraph 1 of the Schedule;

(b) any criterion prescribed for the purposes of paragraphs 1, 2, 7 or 8 of Schedule 3 to the Act that is satisfied in relation to P and the date on which any such criterion was satisfied.

Delyth Morgan

Parliamentary Under Secretary of State

Department for Children, Schools and Families

18th December 2008