2012 No. 2231 (C. 88)
Children And Young Persons, Englandandwales
Protection Of Vulnerable Adults, Englandandwales

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 8 and Saving) Order 2012

Made
The Secretary of State makes the following Order in exercise of the powers conferred by sections 64(1)(b), (2)(b) and 65 of the Safeguarding Vulnerable Groups Act 20061.

Citation and interpretation1.

(1)

This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 8 and Saving) Order 2012.

(2)

In this Order “the Act” means the Safeguarding Vulnerable Groups Act 2006.

Provisions coming into force on 10th September 20122.

The appointed day for the coming into force of the following provisions of the Act is 10th September 2012—

(a)

section 43(6)2;

(b)

section 43(7) insofar as it is not already in force;

(c)

section 47(1) to (4)3;

(d)

section 47(7)4 insofar as it is not already in force;

(e)

section 505 (provision of information to supervisory authorities) insofar as it is not already in force.

Provisions coming into force on the day on which section 72 of the Protection of Freedoms Act 2012 comes into force3.

Schedule 7 to the Act (insofar as it is not already in force) comes into force on the day on which section 72 of the Protection of Freedoms Act 20126 is brought into force for the purposes of inserting section 30A into the Act.

Provisions coming into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force4.

The following provisions of the Act come into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force—

(a)

section 63(2) insofar as it relates to the provisions in Schedule 10 specified in paragraph (b) below;

(b)

Schedule 10 insofar as it repeals provisions in the Criminal Justice and Court Services Act 20007, with the exception of the repeal of section 38 of that Act, insofar as those repeals have not already been brought into force.

Saving provision5.

Despite the commencement of the repeal of the provisions in the Criminal Justice and Court Services Act 2000 by virtue of article 4, the following provisions of that Act shall continue to have effect for any person who, at the time those provisions are repealed, is subject to a disqualification order—

(a)

section 31 (appeals);

(b)

section 32 (review of disqualification);

(c)

section 33 (conditions for application under section 32).

Lynne Featherstone
Parliamentary Under-Secretary of State

Home Office

EXPLANATORY NOTE
(This note is not part of the Order)

This Order brings into force further provisions of the Safeguarding Vulnerable Groups Act 2006 (“the 2006 Act”) and makes a saving provision in relation to the repeal of certain provisions in the Criminal Justice and Court Services Act 2000 (“the 2000 Act”).

Article 2 brings into force on 10th September 2012 provision in the 2006 Act relating to provision of information from the Independent Safeguarding Authority (“ISA”) to keepers of relevant registers and the ability for supervisory authorities to request information and be provided with information by the ISA.

Article 3 brings into force provisions in the 2006 Act relating to the list of persons who will be entitled to request barred list information from the ISA at the same time as the provisions in the 2006 Act which enable that barred list check to be done (which were inserted by the Protection of Freedoms Act 2012 (“the 2012 Act”)) are brought into force. This will be done by a commencement order made under the 2012 Act at a later date.

Article 4 fully commences the repeal of the disqualification order regime in the 2000 Act when the up-dating system in relation to Criminal Record Bureau certificates in the 2012 Act is brought into force.

Article 5 makes a saving provision to ensure that anyone subject to a disqualification order at the time the repeal is fully commenced may still appeal against their disqualification order or request a review of their disqualification order.

NOTE AS TO EARLIER COMMENCEMENT ORDERS
(This note is not part of the Order)

The following provisions of the Safeguarding Vulnerable Groups Act 2006 have been brought into force by commencement order made before the date of this Order.

Provision

Date of Commencement

S.I.No.

section 1 in relation to England and Wales

2nd January 2008

2007/3545

section 1 in relation to Northern Ireland

31st March 2008

2008/930

section 2(2) to (5) partially

31st December 2007

2007/3545

section 2 partially

11th February 2008

2007/3545

section 2(2), (3) and (4) partially

19th May 2008

2008/1320

section 2 partially

20th January 2009

2009/39

section 2 insofar as not already in force

12th October 2009

2009/2611

section 3(1), (2) and (3) partially

19th May 2008

2008/1320

section 3 insofar as not already in force

12th October 2009

2009/2611

section 4(8)

31st December 2007

2007/3545

section 4 insofar as not already in force

19th May 2008

2008/1320

section 5(1) and (2) partially

11th February 2008

2007/3545

section 5(3) and (4) partially

19th May 2008

2008/1320

section 5 insofar as not already in force

20th January 2009

2009/39

section 6 partially

11th February 2008

2007/3545

section 6(12) partially

19th May 2008

2008/1320

section 6 partially

20th January 2009

2009/39

section 6 insofar as not already in force

12th October 2009

2009/2611

section 7

12th October 2009

2009/2611

section 9

12th October 2009

2009/2611

section 11(2) partially

19th May 2008

2008/1320

section 12 partially

19th May 2008

2008/1320

section 13(1) and (5) partially

19th May 2008

2008/1320

section 14(1), (2) and (3) partially

19th May 2008

2008/1320

section 18 partially

12th October 2009

2009/2611

section 19(2), (5) and (10)

12th October 2009

2009/2611

section 19(8) partially

12th October 2009

2009/2611

section 21 partially

20th January 2009

2009/39

section 21 partially

12th October 2009

2009/2611

section 21 insofar as not already in force

30th March 2012

2010/1101

section 22 partially

20th January 2009

2009/39

section 22 partially

12th October 2009

2009/2611

section 22 insofar as not already in force

30th March 2010

2010/1101

section 23(1) and (2)

12th October 2009

2009/2611

section 23(3) partially

20th January 2009

2009/39

section 23(3) partially

12th October 2009

2009/2611

section 23(3) insofar as not already in force

30th March 2010

2010/1101

section 24 partially

19th May 2008

2008/1320

section 25

19th May 2008

2008/1320

section 26(1) partially

19th May 2008

2008/1320

section 28

20th January 2009

2009/39

section 29

20th January 2009

2009/39

section 30(7) and (8) partially

19th May 2008

2008/1320

section 31(6) partially

19th May 2008

2008/1320

section 32(10) partially

19th May 2008

2008/1320

section 33(3) and (4) partially

19th May 2008

2008/1320

section 35(1) partially

19th May 2008

2008/1320

section 35 insofar as not already in force

12th October 2009

2009/2611

section 36(1), (2) and (3) partially

19th May 2008

2008/1320

section 36 insofar as not already in force

12th October 2009

2009/2611

section 37 partially

11th February 2008

2007/3545

section 37(2) partially

19th May 2008

2008/1320

section 37 insofar as not already in force

20th January 2009

2009/39

section 38 partially

11th February 2008

2007/3545

section 38 partially

20th January 2009

2009/39

section 38 insofar as not already in force

12th October 2009

2009/2611

section 39(1) and (5) partially

19th May 2008

2008/1320

section 39 insofar as not already in force

12th October 2009

2009/2611

section 40 partially

11th February 2008

2007/3545

section 40(2) partially

19th May 2008

2008/1320

section 40 insofar as not already in force

20th January 2009

2009/39

section 41(1), (5) and (8) partially

19th May 2008

2008/1320

section 41(7) partially

20th January 2009

2009/39

section 41 insofar as not already in force

12th October 2009

2009/2611

section 42 partially

11th February 2008

2007/3545

section 42(2) partially

19th May 2008

2008/1320

section 42 insofar as not already in force

20th January 2009

2009/39

section 43(3) to (5) partially

11th February 2008

2007/3545

section 43(7) partially

19th May 2008

2008/1320

section 44(6) and (7) partially

19th May 2008

2008/1320

section 45(1), (5) and (9) partially

19th May 2008

2008/1320

section 45(7) partially

20th February 2009

2009/39

section 45 insofar as not already in force

12th October 2009

2009/2611

section 46 partially

11th February 2008

2007/3545

section 46(1) and (2) partially

19th May 2008

2008/1320

section 46 insofar as not already in force

20th January 2009

2009/39

section 47(6) and (7) partially

19th May 2008

2008/1320

section 48(6), (7) and (8) partially

19th May 2008

2008/1320

section 49(6), (7) and (8) partially

19th May 2008

2008/1320

section 50 partially

11th February 2008

2007/3545

section 50 partially

22nd June 2009

2009/1503

section 50 partially

22nd April 2010

2010/1101

section 51 partially

11th February 2008

2007/3545

section 51 insofar as not already in force

12th October 2009

2009/2611

section 52

12th October 2009

2009/2611

section 53 partially

11th February 2008

2007/3545

section 53 insofar as not already in force

20th January 2009

2009/39

section 54(1) and (3) partially

19th May 2008

2008/1320

section 54 insofar as not already in force

12th October 2009

2009/2611

section 56

31st December 2007

2007/3545

section 57 partially

11th February 2008

2007/3545

section 57 insofar as not already in force

20th January 2009

2009/39

section 58 partially

11th February 2008

2007/3545

section 58(6) partially

19th May 2008

2008/1320

section 58 insofar as not already in force

12th October 2009

2009/2611

section 59 partially in relation to England and Wales

11th February 2008

2007/3545

section 59 partially in relation to Northern Ireland

31st March 2008

2008/930

section 59 insofar as not already in force

12th October 2009

2009/2611

section 60(1) partially in relation to England and Wales

31st December 2007

2007/3545

section 60(1) and (4) partially in relation to England and Wales

11th February 2008

2007/3545

section 60 partially in relation to Northern Ireland

31st March 2008

2008/930

section 60 insofar as not already in force

12th October 2009

2009/2611

section 61 in relation to England and Wales

31st December 2007

2007/3545

section 61 partially in relation to Northern Ireland

31st March 2008

2008/930

section 61 insofar as not already in force

12th October 2009

2009/2611

section 62 partially

31st December 207

2007/3545

section 62 insofar as not already in force

11th February 2008

2007/3545

section 63(1) partially

19th May 2008

2008/1320

section 63(1) partially

17th December 2008

2008/3204

section 63(1) partially

20th January 2009

2009/39

section 63(1) partially

22nd June 2009

2009/1503

section 63(2) partially

30th March 2010

2010/1101

section 63 partially

12th October 2009

2009/2610

section 63 partially

12th October 2009

2009/2611

section 64

31st December 2007

2007/3545

section 66

31st December 2007

2007/3545

section 67

31st December 2007

2007/3545

Schedule 1 in relation to England and Wales

2nd January 2008

2007/3545

Schedule 1 in relation to Northern Ireland

31st March 2008

2008/930

Schedule 2

2nd January 2008

2007/3545

Schedule 3 partially

31st December 2007

2007/3545

Schedule 3 partially

11th February 2008

2007/3545

Schedule 3 partially

19th May 2008

2008/1320

Schedule 3 partially

20th January 2009

2009/39

Schedule 3 partially

12th October 2009

2009/2611

Schedule 4 partially

11th February 2008

2007/3545

Schedule 4 partially

19th May 2008

2008/1320

Schedule 4 insofar as not already in force

20th January 2009

2009/39

Schedule 5 partially

19th May 2008

2008/1320

Schedule 6 partially

19th May 2008

2008/1320

Schedule 7 partially

19th May 2008

2008/1320

Schedule 8 partially

31st December 2007

2007/3545

Schedule 8 partially

11th February 2008

2008/3545

Schedule 9 partially

19th May 2008

2008/1320

Schedule 9 partially

17th December 2008

2008/3204

Schedule 9 partially

20th January 2009

2009/39

Schedule 9 partially

22nd June 2009

2009/1503

Schedule 9 partially in relation to England and Wales

12th October 2009

2009/2610

Schedule 9 partially in relation to Northern Ireland

12th October 2009

2009/2611

Schedule 9 partially

12th October 2009

2009/2611

Schedule 10 partially

12th October 2009

2009/2610

Schedule 10 partially

12th October 2009

2009/2611

Schedule 10 partially

30th March 2010

2010/1101