2012 No. 2112
The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2012
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(5), 35(1), 36(1), 37(2), 39(1) and (5), 41(1), 42(2), 45(1) and (5), 46(1) and (2), 50A(1)(d) and 60(1) and (5) of, and paragraph 15 of Schedule 3 and paragraph 7(1)(f) and (g) of Schedule 4 to, the Safeguarding Vulnerable Groups Act 20061.
In accordance with section 56(3)(g), (h), (i), (j), (l), (m) and (r) of that Act, the Secretary of State has consulted the Welsh Ministers.
Citation, commencement, interpretation and extent1
1
These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2012.
2
Subject to paragraph (3), these Regulations shall come into force on 10th September 2012.
3
Regulations 7 to 9 and 24 to 28 shall come into force on 10th September 2012 immediately after the commencement of section 66 of the Protection of Freedoms Act 20122.
4
In these Regulations “the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006.
5
These Regulations extend to England and Wales.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008
2
The Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 20083 are amended as follows.
3
In regulation 1(2) omit the definition of the “unique identification number accorded to the monitoring application or referral”.
4
In regulation 1(2) for the definition of the “Criminal Records Bureau disclosure number” substitute ““the criminal record certificate number” means the number relating to any criminal record certificate within the meaning of section 113A of the Police Act 19974 or any enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997.”
5
Omit regulation 3(d) and (e).
6
For regulation 3(g) substitute—
g
the criminal record certificate number relating to the individual;
7
In regulation 4(c) for “duty”, in each place where it occurs, substitute “power”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008
8
The Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 20085 are amended as follows.
9
In regulation 2—
a
in paragraph (1) omit “removal from, or”;
b
in paragraph (5) omit “removal from, or”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008
10
The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 20086 are amended as follows.
11
In regulation 2(1) in the definition of “employment” omit “or controlled”.
12
In regulation 3—
a
omit “and responsible persons” in the heading;
b
omit “and (b)”.
13
In regulation 4(2)(e) omit “or controlled activity”.
14
In regulation 4(2)(f)(i), (h) and (i) omit “or controlled”.
15
In regulation 5(1) omit “and (b)”.
16
Omit regulations 6, 8 and 10.
17
In paragraph 1 of the Schedule—
a
at the end of sub-paragraph (e) insert “and”;
b
in sub-paragraph (f) omit “; and”;
c
omit sub-paragraph (g).
18
In paragraph 2 of the Schedule omit “or controlled”.
19
In paragraph 4(h) of the Schedule omit “or controlled”.
20
In paragraph 6 of the Schedule for “35, 36, 39, 41 or 45” substitute “35 or 36”.
21
In paragraph 9 of the Schedule after “such proceedings” insert “, and including proceedings commenced under the Children Act 1989”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009
22
The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 20097 are amended as follows.
23
Omit regulations 2 and 4.
Regulated activity relating to vulnerable adults
24
Subject to regulation 26, the conveying of adults who need to be conveyed by reason of age, illness or disability by the following persons in the course of their employment is regulated activity relating to vulnerable adults under paragraph 7(1)(f) of Schedule 4 to the 2006 Act8—
a
any person who is employed as a hospital porter;
b
any person who is employed as an emergency care assistant;
c
any person who is employed as an ambulance technician;
d
any driver who is employed in the Patient Transport Service9 or a person who is employed to assist that driver in carrying out the conveying.
25
Subject to regulation 26, the conveying, or assistance provided in the conveying, of any adult who needs to be conveyed by reason of age, illness or disability is regulated activity relating to vulnerable adults under paragraph 7(1)(f) of Schedule 4 to the 2006 Act in the following circumstances—
a
the conveying is on behalf of an organisation, whether or not the person who does, or assists in, such conveying is employed by that organisation;
b
the conveying is to or from a place in which the adult will receive, or has received, health care (as defined in paragraph 7(2) of Schedule 4 to the 2006 Act10), relevant personal care (as defined in paragraph 7(3B) of Schedule 4 to the 2006 Act11) or relevant social work (as defined in paragraph 7(3C) of Schedule 4 to the 2006 Act12); and
c
the person does, or assists in, such conveying for the purpose of enabling the adult to receive that health care, relevant personal care or relevant social work (as the case may be).
26
Regulations 24 and 25 do not apply to any person who does, or assists in, such conveying in a vehicle which is licensed under —
a
section 37 of the Town Police Clauses Act 184713;
b
section 6 of the Metropolitan Public Carriage Act 186914;
c
section 48 of the Local Government (Miscellaneous Provisions) Act 197615;
d
section 7 of the Private Hire Vehicles (London) Act 199816; or
e
an equivalent provision of a local enactment.
27
The provision of psychotherapy or counselling, but not life coaching, to an adult which is related to health care the adult is receiving from, or under the direction or supervision of, a health care professional as defined in paragraph 7(3) of Schedule 4 to the 2006 Act17 is regulated activity relating to vulnerable adults under paragraph 7(1)(g) of Schedule 4 to the 2006 Act.
Provision of information to the police: prescribed purposes28
The disclosure of information by the relevant chief officer under section 113B(4) of the Police Act 199718 is prescribed under section 50A(1)(d) of the 2006 Act.
(This note is not part of the Regulations)