EXPLANATORY NOTE
(This note is not part of the Order)
This is the third Commencement Order made under the Safeguarding Vulnerable Groups Act 2006 (“the Act”). Article 2 of this Order brings fully into force section 4 of the Act, which makes provision for appeals against decisions of the Independent Barring Board to include an individual in, or not to remove them from, one of the barred lists. The Independent Barring Board is established under section 1 of the Act. The barred lists are the children’s barred list and the adults’ barred list established and maintained under section 2 of the Act.
Article 2 also brings into force section 25, which makes provision relating to the prescribing of fees in relation to monitoring applications under section 24, and paragraph 10 of Schedule 9 to the Act. Paragraph 10 makes amendments to the Childcare Act 2006 (c.21) which allow regulations made under section 75 of that Act to provide that a person who is barred from engaging in regulated activity with children is also disqualified from registration under the Childcare Act. Article 2 brings section 3(2)(a) of, and Schedule 4 to, the Act into force for the purposes of such regulations.
Article 3 brings into force paragraph 15 of Schedule 9 to the Act which makes amendments to the Data Protection Act 1998 (c.29). As section 66(3) of the Act provides that the amendment of an enactment in Schedule 9 to the Act has the same extent as the enactment amended, the amendment made by paragraph 15 extends to the whole of the United Kingdom.
Article 4 brings into force provisions under which the Secretary of State may make regulations. Article 5 brings into force provisions under which he may make orders.