The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010

Circumstances in which a responsible person must not permit another to engage in controlled activity in England relating to vulnerable adults

3.—(1) This regulation applies only in relation to controlled activity in England.

(2) A responsible person (“RP”) may only permit another (“A”) to engage in a controlled activity relating to vulnerable adults in the circumstances specified in paragraph (3) or the circumstances specified in paragraph (4).

(3) The circumstances in this paragraph are that—

(a) the Secretary of State has issued to A under section 113B of the Police Act 1997 either—

(i) an enhanced criminal record certificate which includes suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act(1)), or

(ii) a notification that A is—

(aa) not barred from regulated activity relating to vulnerable adults(2), and

(bb) not included in the list kept under section 81 of the Care Standards Act 2000(3);

(b) the certificate or notification was issued within the period of 90 days ending on the date on which RP permits A to engage in a controlled activity relating to vulnerable adults; and

(c) RP received a copy of that certificate or notification before permitting A to engage in a controlled activity relating to vulnerable adults.

(4) The circumstances in this paragraph are that RP is satisfied, before permitting A to engage in controlled activity relating to vulnerable adults, that A is—

(a) not barred from regulated activity relating to vulnerable adults, and

(b) not included in the list kept under section 81 of the Care Standards Act 2000.

(5) Paragraph (2) does not apply in relation to any continuous period in which A is permitted by RP to engage in a controlled activity relating to vulnerable adults if—

(a) the permission was given before these Regulations came into force, and

(b) the permission continues to have effect after these Regulations came into force.

(1)

Section 113BB was inserted by section 63(1) of, and paragraph 14(1) and (4) of Part 2 of Schedule 9 to, the Act.

(2)

Section 3(3) of the Act specifies when a person is barred from regulated activity relating to vulnerable adults.

(3)

Section 81 was repealed by section 63 of, paragraph 9 in Part 1 of Schedule 9 to, and Schedule 10 to, the Act, subject to the transitional and saving provisions in article 6 of the CN6TPSO.