The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity) (Wales) Regulations 2010
W.S.I. 2010/1171 · Made 31 March 2010
CHILDREN AND YOUNG PERSONS, WALES
PROTECTION OF VULNERABLE ADULTS, WALES
Made 31 March 2010
Coming into force in accordance with regulation 1
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 23(1), 56(1)(f) and 61(5) of the Safeguarding Vulnerable Groups Act 2006f1.
A draft of these Regulations was laid before the National Assembly for Wales on 23 February 2010 in accordance with section 61 (3) of that Act (as modified by section 56 (5)(b) of that Act) and approved by a resolution of the National Assembly for Wales.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Title, commencement and application
- 2Circumstances in which a responsible person must not permit another to engage in a controlled activity in Wales relating to children
- 3Circumstances in which a responsible person must not permit another to engage in controlled activity in Wales relating to vulnerable adults
- Signature
- Explanatory note
1Title, commencement and application
The title of these Regulations is the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity) (Wales) Regulations 2010 and they come into force on the day after the day on which they are made.
These Regulations apply in relation to Wales.
2Circumstances in which a responsible person must not permit another to engage in a controlled activity in Wales relating to children
The circumstances in this paragraph are that—
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 children; and
RP received a copy of that certificate or notification before permitting A to engage in controlled activity relating to children.
The circumstances in this paragraph are that RP is satisfied, before permitting A to engage in controlled activity relating to children, that A is—
not barred from regulated activity relating to childrenf8,
not included in the list kept under section 1 of the Protection from Children Act 1999, and
not subject to a direction made under section 142 of the Education Act 2002.
Paragraph (1) does not apply in relation to any continuous period in which A is permitted by RP to engage in a controlled activity relating to children if–
the permission was given before these Regulations came into force, and
the permission continues to have effect after these Regulations came into force.
3Circumstances in which a responsible person must not permit another to engage in controlled activity in Wales relating to vulnerable adults
A responsible person (“RP”) may only permit another (“A”) to engage in a controlled activity relating to vulnerable adultsf1 in the circumstances specified in paragraph (2) or the circumstances specified in paragraph (3).
The circumstances in this paragraph are that—
the Secretary of State has issued to A under section 113B of the Police Act 1997 either–
an enhanced criminal record certificate which includes suitability information relating to vulnerable adults (within the meaning of section 113BBf2 of that Act), or
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
RP received a copy of that certificate or notification before permitting A to engage in controlled activity relating to vulnerable adults.
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–
not barred from regulated activity relating to vulnerable adults, and
not included in the list kept under section 81 of the Care Standards Act 2000.
Paragraph (1) 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—
the permission was given before these Regulations came into force, and
the permission continues to have effect after these Regulations came into force.
Signature
Edwina Hart
Minister for Health and Social Services, one of the Welsh Ministers
31 March 2010
Explanatory note
(This note is not part of the Regulations)
These Regulations, made under the Safeguarding Vulnerable Groups Act 2006 (“the Act”), make provision relating to controlled activity in Wales. The Regulations come into force on the day after the day on which they are made.
Regulation 2 provides that a responsible person, as defined in section 23(3) of the Act, may only permit another to engage in controlled activity relating to children, as defined in section 21 of the Act, in the circumstances specified in that regulation. This restriction does not apply if permission was given before the Regulations came into force and remains in place after that date.
Regulation 3 makes provision in relation to controlled activity relating to vulnerable adults, as defined in section 22 of the Act, in terms similar to the provision made in regulation 2.
Section 113B of the Police Act 1997 is modified by the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Miscellaneous Provisions) Regulations 2010 (S.I. 2010/1146). The modifications provide for the Secretary of State to issue a notification stating that the person is not barred from regulated activity in relation to children and/or vulnerable adults, instead of an enhanced criminal record certificate. The issue of such a notification is relevant to the circumstances specified in regulations 2 and 3 of these Regulations. The modifications do not apply if the controlled activity is work in a further education institution where the normal duties of that work involve regular contact with persons aged under 18.
Draft Regulations laid before the National Assembly for Wales under section 61 (3) of the Safeguarding Vulnerable Groups Act 2006 (as modified by section 56 (5) (b) of that Act) for approval by resolution of the National Assembly for Wales.