Explanatory note

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.