2012 No. 2160

Children And Young Persons, England and Wales

Protection Of Vulnerable Adults, England and Wales

The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Prescribed Criteria) Regulations 2012

Made20th August 2012

Coming into force in accordance with regulation 1

The Secretary of State, in the exercise of the powers conferred by sections 23(1), 61(5) and 64(1)(a) and (3) of, and paragraphs 1(1), 2(1), 7(1), 8(1) and 24(1) and (2) of Schedule 3 to, the Safeguarding Vulnerable Groups Act 20061, makes the following Regulations.

In accordance with section 56(3)(q) of that Act the Secretary of State has consulted the Welsh Ministers.

A draft of these Regulations was laid before Parliament in accordance with section 61(3) of that Act and approved by resolution of each House of Parliament.

Citation and commencement1

1

These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Prescribed Criteria) Regulations 2012 and subject to paragraphs (2) and (3) shall come into force the day after the day on which they are made.

2

Regulation 2 shall come into force 14 days after the day on which these Regulations are made.

3

Regulation 3 shall come into force 21 days after the day on which these Regulations are made.

Amendment of the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 20102

Regulations 2 to 8 of the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 20102 are revoked.

Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 20093

1

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 20093 are amended as follows.

2

In Part 1 of the table in paragraph 1 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list) insert the following entries at the appropriate place—

“Sexual Offences (Scotland) Act 20094, section 1	The offence was committed against a child”

“Sexual Offences (Scotland) Act 2009, section 2	The offence was committed against a child”.

3

In Part 2 of the table in paragraph 1 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list) insert the following entries at the appropriate place—

Sexual Offences (Scotland) Act 2009, section 18

Sexual Offences (Scotland) Act 2009, section 19

Sexual Offences (Scotland) Act 2009, section 20(1), (2)(a) and (3)

4

In Part 1 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations)—

a

remove the entry relating to the Offences Against the Person Act 18615, section 52”;

b

insert the following entries at the appropriate place—

“Female Genital Mutilation Act 20036, section 1	The offence was committed against a child”
“Female Genital Mutilation Act 2003, section 2	The offence was committed against a child”
“Female Genital Mutilation Act 2003, section 3	The offence was committed against a child”
“Sexual Offences Act 20037, section 72	The offence committed corresponds to an offence which would lead to automatic inclusion in the children’s barred list with the right to make representations”
“Sexual Offences (Scotland) Act 2009, section 5	The offence was committed against a child under the age of 16”
“Sexual Offences (Scotland) Act 2009, section 6	The offence was committed against a child under the age of 16”
“Sexual Offences (Scotland) Act 2009, section 8	The offence was committed against a child under the age of 16”
“Sexual Offences (Scotland) Act 2009, section 9	The offence was committed against a child under the age of 16”;

c

in the entries relating to the Offences Against the Person Act 1861, section 61 and the Offences Against the Person Act 1861, section 62 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act”;

d

in the entry relating to the Criminal Law Amendment Act 18858, section 11 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 20129”;

e

in the entries relating to the Sexual Offences Act 195610, section 12 and the Sexual Offences Act 1956, section 13 in the circumstances of the offence after “the act” insert “and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012”;

f

in the entry relating to the Theft Act 196811, section 9(1)(a), after “intent to commit rape” insert “before section 9(1)(a) was amended by the Sexual Offences Act 2003”;

g

in the entry relating to the Theft Act (Northern Ireland) 196912, section 9, after “intent to commit rape” insert “before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008”.

5

In Part 2 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations)—

a

remove the entries relating to the Mental Health Act 198313, sections 126, 128 and 129;

b

insert the following entries at the appropriate place—

Offences Against the Person Act 1861, section 52

Sexual Offences (Northern Ireland) Order 197814, Article 3

Mental Health (Scotland) Act 198415, section 106

Mental Health (Scotland) Act 1984, section 107

Sexual Offences Act 2003, section 4(1)(a)

Sexual Offences Act 2003, section 59A16

Criminal Justice and Immigration Act 200817, section 63

Coroners and Justice Act 200918, section 62

Sexual Offences (Scotland) Act 2009, section 3

Sexual Offences (Scotland) Act 2009, section 4

Sexual Offences (Scotland) Act 2009, section 11

Sexual Offences (Scotland) Act 2009, section 20(1) and (2)(b) to (e)

Sexual Offences (Scotland) Act 2009, section 21

Sexual Offences (Scotland) Act 2009, section 22

Sexual Offences (Scotland) Act 2009, section 23

Sexual Offences (Scotland) Act 2009, section 24

Sexual Offences (Scotland) Act 2009, section 25

Sexual Offences (Scotland) Act 2009, section 26

Sexual Offences (Scotland) Act 2009, section 28

Sexual Offences (Scotland) Act 2009, section 29

Sexual Offences (Scotland) Act 2009, section 30

Sexual Offences (Scotland) Act 2009, section 31

Sexual Offences (Scotland) Act 2009, section 32

Sexual Offences (Scotland) Act 2009, section 33

Sexual Offences (Scotland) Act 2009, section 34

Sexual Offences (Scotland) Act 2009, section 35

Sexual Offences (Scotland) Act 2009, section 36

Sexual Offences (Scotland) Act 2009, section 42

Sexual Offences (Scotland) Act 2009, section 46

c

for “Asylum and Immigration Act 200419, section 4” substitute “Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, section 4”.

6

In the table in paragraph 3 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list) insert the following entry at the appropriate place—

Sexual Offences (Scotland) Act 2009, section 46

7

In Part 1 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations)—

a

insert the following entries at the appropriate place—

“Female Genital Mutilation Act 2003, section 1	The offence was committed against a child”
“Female Genital Mutilation Act 2003, section 2	The offence was committed against a child”
“Female Genital Mutilation Act 2003, section 3	The offence was committed against a child”
“Sexual Offences Act 2003, section 72	The offence committed corresponds to an offence leading to automatic inclusion in the adults’ barred list with the right to make representations”
“Sexual Offences (Scotland) Act 2009, section 5	The offence was committed against a child under the age of 16”
“Sexual Offences (Scotland) Act 2009, section 6	The offence was committed against a child under the age of 16”;

b

in the entry relating to the Offences Against the Person Act 1861, section 61 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act”;

c

in the entry relating to the Criminal Law Amendment Act 1885, section 11 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012”;

d

in the entries relating to the Sexual Offences Act 1956, section 12 and the Sexual Offences Act 1956, section 13 in the circumstances of the offence after “the act” insert “and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012”;

e

in the entry relating to the Theft Act 1968, section 9(1)(a), after “intent to commit rape” insert “before section 9(1)(a) was amended by the Sexual Offences Act 2003”;

f

in the entry relating to the Theft Act (Northern Ireland) 1969, section 9, after “intent to commit rape” insert “before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008”.

8

In Part 2 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations)—

a

remove the entries relating to the Mental Health Act 1983, sections 126, 128 and 129;

b

insert the following entries at the appropriate place—

Sexual Offences (Northern Ireland) Order 1978, Article 3

Mental Health (Scotland) Act 1984, section 106

Mental Health (Scotland) Act 1984, section 107

Criminal Justice (Scotland) Act 200320, section 22

Sexual Offences Act 2003, section 4(1)(a)

Sexual Offences Act 2003, section 59A

Criminal Justice and Immigration Act 2008, section 63

Coroners and Justice Act 2009, section 62

Sexual Offences (Scotland) Act 2009, section 1

Sexual Offences (Scotland) Act 2009, section 2

Sexual Offences (Scotland) Act 2009, section 3

Sexual Offences (Scotland) Act 2009, section 4

Sexual Offences (Scotland) Act 2009, section 11

Sexual Offences (Scotland) Act 2009, section 18

Sexual Offences (Scotland) Act 2009, section 19

Sexual Offences (Scotland) Act 2009, section 20

c

for “Asylum and Immigration Act 2004, section 4” substitute “Asylum and Immigration (Treatment of Claimants, etc.) Act 2004, section 4”.

Damian GreenMinister of StateHome Office20th August 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke regulations 2 and 3 of the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (“the 2010 Regulations”) which made provision as to when a responsible person (as defined in section 23(3) of the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”)) must not permit another person to engage in a controlled activity in England relating to children or to vulnerable adults (as defined in sections 21 and 22 of the 2006 Act).

Regulation 2 also revokes regulations 4 to 8 of the 2010 Regulations which made modifications to sections 113A and 113B of the Police Act 1997 (“the 1997 Act”) which provided that the Secretary of State must issue a notification (rather than a criminal record certificate under section 113A or an enhanced criminal record certificate under section 113B of the 1997 Act) in respect of a person seeking to engage in a controlled activity where that person was not barred from engaging in a regulated activity.

These Regulations also amend the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009 which prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Safeguarding Authority under section 2 of the 2006 Act.

Regulation 3(2) and (3) amends the criteria on the basis of which a person will be included automatically in the children’s barred list without having the right to make representations. Regulation 3(4) and (5) amends the criteria on the basis of which a person will be included automatically in the children’s barred list with the right to make representations.

Regulation 3(6) amends the criteria on the basis of which a person will be included automatically in the adults’ barred list without having the right to make representations. Regulation 3(7) and (8) amends the criteria on the basis of which a person will be included automatically in the adults’ barred list with the right to make representations.

In particular these amendments update the criteria for automatic inclusion on the children’s and adults’ barred lists in light of the Sexual Offences (Scotland) Act 2009 (asp. 9) and the provisions in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 (c. 9) in relation to disregarded convictions and cautions.