The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

• Citation: S.I. 2009/1797
• Sections: 6

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009 and comes into force on 12th October 2009.

(2) In this Order—

“ the Act ” means the Safeguarding Vulnerable Groups Act 2006;

“relative” has the same meaning as in section 105(1) of the Children Act 1989 .

Section 2 Vulnerable adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3 Exceptions - regulated activity relating to children

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The fostering of a child (C) is not to be treated as a regulated activity where—

(a) a person (F) is barred from engaging in regulated activity relating to children ,

(b) C is being looked after by a local authority within the meaning of section 22 of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014, ,

(c) the local authority that looks after C is satisfied that C’s welfare requires that C is fostered by F, and

(d) either—

(i) F or a member of F’s household is a relative of C, or

(ii) C was being fostered by F immediately before F was barred from engaging in regulated activity relating to children .

Section 4 Exception – regulated activity relating to vulnerable adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 5 Barred Lists

For the purposes of—

(a) section 3(2)(b) of the Act, the list maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 is specified as a list corresponding with the children’s barred list;

(b) section 3(3)(b) of the Act, the list maintained under Article 6(1)(b) of that Order is specified as a list corresponding with the adults’ barred list.

Section 6 Welsh Ministers - functions under the Children Act 1989

In section 45(7) of the Act, after paragraph (e) insert—

(ea) the Welsh Ministers in the exercise of their functions under Part 10A, Part 11 or Part 12 of the Children Act 1989;