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

S.I. 2012/2231 · Made 28 August 2012

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Children And Young Persons, Englandandwales

Protection Of Vulnerable Adults, Englandandwales

Made 28th August 2012

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 2006f1.

Annotations to the whole text

Footnotes

f1

2006 c. 47.

Contents

  1. 1Citation and interpretation
  2. 2Provisions coming into force on 10th September 2012
  3. 3Provisions coming into force on the day on which section 72 of the Protection of Freedoms Act 2012 comes into force
  4. 4Provisions coming into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force
  5. 5Saving provision
  6. Signature
  7. Explanatory note

1Citation and interpretation

(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.

2Provisions coming into force on 10th September 2012

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

(a)

section 43(6)f1;

(b)

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

(c)

section 47(1) to (4)f2;

(d)

section 47(7)f3 insofar as it is not already in force;

(e)

section 50f4 (provision of information to supervisory authorities) insofar as it is not already in force.

3Provisions coming into force on the day on which section 72 of the Protection of Freedoms Act 2012 comes into force

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 2012f1 is brought into force for the purposes of inserting section 30A into the Act.

4Provisions coming into force on the day on which section 83 of the Protection of Freedoms Act 2012 comes into force

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 2000f1, with the exception of the repeal of section 38 of that Act, insofar as those repeals have not already been brought into force.

5Saving provision

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).

Signature

Lynne Featherstone

Parliamentary Under-Secretary of State

Home Office

28th August 2012

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.