The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/2157 |
| Year | 2012 |
2012 No. 2157
Children And Young Persons, England and Wales
Protection Of Vulnerable Adults, England and Wales
The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012
Made 20th August 2012
Coming into force in accordance with article 1
The Secretary of State makes the following Order in exercise of the powers conferred by sections 59(11) and 64(1), (2) and (3) of, and paragraphs 6 and 9 of Schedule 4 to, the Safeguarding Vulnerable Groups Act 20061.
In accordance with section 56(3)(n) and (o) of that Act, the Secretary of State has consulted the Welsh Ministers.
A draft of this Order was laid before Parliament in accordance with section 61(3) of that Act and approved by resolution of each House of Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 and shall come into force 21days after the day on which it is made.
(2) In this Order “the Act” means the Safeguarding Vulnerable Groups Act 2006.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009
2. The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 20092is amended as follows.
Articles 2 and 4 are revoked.
3. Articles 2 and 4 are revoked.
4. In article 3—
(a) omit paragraph (1);
(b) in paragraph (2)(a) for “included in the children’s barred list” substitute “barred from engaging in regulated activity relating to children”;
(c) in paragraph 2(d)(ii) for “included in the children’s barred list” substitute “barred from engaging in regulated activity relating to children”.
Amendment of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009
5.—(1) The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 20093is amended as follows.
(2) In article 1(2) omit the definitions of “the 1999 Act”, “the 2000 Act”, “the 2002 Act”, “relevant person”, “relevant day”, “the first transitional period”, “the second transitional period” and “the third transitional period”.
(3) Articles 4 to 22 are revoked.
Transitional provisions
6. Articles 7 to 9 apply for the period beginning on the day on which this Order comes into force and ending on the day on which section 72(1) of the Protection of Freedoms Act 20124is brought into force for the purposes of inserting section 30A into the Act.
7.—(1) The Independent Safeguarding Authority may, at the request of a person (X) who meets the requirement specified in paragraph (3), inform that person whether a person (Y) falls within paragraph (2).
(2) Y falls within this paragraph if Y is —
(a)
(a) included in the list kept under section 1 of the Protection of Children Act 19995;
(b)
(b) included in the list kept under section 81 of the Care Standards Act 20006;
(c)
(c) subject to a direction under section 142 of the Education Act 20027; or
(d)
(d) barred from regulated activity.
(3) The requirement is that X satisfies the Independent Safeguarding Authority that X has a legitimate interest in knowing whether Y falls within paragraph (2).
8.—(1) Section 113E8of the Police Act 1997 has effect subject to the following modifications.
(2) In subsection (3)—
(a)
(a) the words “113A9or” must be ignored;
(b)
(b) for paragraph (a) substitute “it is made in a case prescribed under section 113BB(1)10”.
(3) In subsection (5) the definitions of “children’s suitability statement”, “specified children’s direction”, “specified children’s list”, “adults’ suitability statement” and “specified adults’ list” must be ignored.
(4) After subsection (5) insert—
“6 For the purposes of this section each of the following is a specified adults’ list—
(a) the list kept under section 81 of the Care Standards Act 2000;
(b) the adults’ barred list maintained under section 2 of the Safeguarding Vulnerable Groups Act 2006;
(c) the adults’ barred list maintained under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 200711.”.
9.—(1) Section 116 of the Police Act 1997 has effect subject to the following modifications.
(2) For subsection (3) substitute—
To continue reading
Request your trial