The Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010

• Citation: S.I. 2010/1061
• Sections: 4

Section 1 Citation and commencement

These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Appropriate Officer and Schedule 7 Prescribed Persons) Regulations 2010 and come into force on 26th July 2010.

Section 2 Interpretation

In these Regulations—

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

“children’s charity” has the same meaning as in paragraph 4(4) of Schedule 4 to the 2006 Act;

“maintained school” means—

a community, foundation or voluntary school (referred to in section 20 of the School Standards and Framework Act 1998 ),

a community or foundation special school (referred to in that section), or

a maintained nursery school (as defined in section 22(9) of that Act);

“non-maintained special school” means a school approved by the Secretary of State under section 342 of the Education Act 1996 ;

“the Schedule 7 table” means the table in paragraph 1 of Schedule 7 to the 2006 Act

“vulnerable adults’ charity” has the same meaning as in paragraph 8(4) of Schedule 4 to the 2006 Act.

Section 3 Appropriate officer

For the purposes of section 13(1) of the 2006 Act the head teacher is the appropriate officer for—

(a) a maintained school or a non-maintained special school in England;

(b) a school falling within section 19(2B) of the Education Act 1996 .

Section 4 Prescribed persons for purposes of entry 19 of the Schedule 7 table

(1) A person (A) falls within column 1 of entry 19 in the Schedule 7 table if A falls within column 1 of the following table.

(2) Column 2 of the following table prescribes, for the purposes of column 2 of entry 19 in the Schedule 7 table, either children or vulnerable adults (as the case may be) in relation to the corresponding entry in column 1 of the table.

(1) Head teacher of a maintained school or a non-maintained special school who is performing the function of checking whether B is suitable to serve on a committee established by the school’s governing body

Children

(2) Head teacher of a maintained school or a non-maintained special school who is performing the function of checking whether B is suitable to be the clerk to the school’s governing body

Children

(3) Teacher in charge of a school which falls within section 19(2) or (2B) of the Education Act 1996 but which does not provide full-time education to children when considering whether B is suitable to be a member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996) which acts as the management committee of that school

Children

(4) Local authority when considering whether B is suitable to be a member of a relevant local government body (as defined in paragraph 4(2) of Schedule 4 to the 2006 Act)

Children

(5) Local authority when considering whether B is suitable to be a member of a relevant local government body (as defined in paragraph 8(2) of Schedule 4 to the 2006 Act)

Vulnerable adults

(6) Trustee of a children’s charity when considering whether B is suitable to be appointed as a trustee of that charity

Children

(7) Trustee of a vulnerable adults’ charity when considering whether B is suitable to be appointed as a trustee of that charity

Vulnerable adults

(8) The Secretary of State performing functions under section 41 of, or Schedule 2 to, the Crime and Disorder Act 1998 when considering whether B is suitable to be a member of the Youth Justice Board for England and Wales

Children

(9) The Secretary of State performing functions under Schedule 1 to the Children Act 2004 when considering whether B is suitable to be the Children’s Commissioner

Children

(10) The Children’s Commissioner performing functions under Schedule 1 to the Children Act 2004 when considering whether B is suitable to be the deputy Children’s Commissioner

Children

(11) The First Minister for Wales performing functions under regulations made under paragraph 2 of Schedule 2 to the Care Standards Act 2000 when considering whether B is suitable to be the Children’s Commissioner for Wales

Children

(12) The Children’s Commissioner for Wales performing functions under Schedule 2 to the Care Standards Act 2000 when considering whether B is suitable to be the deputy Children’s Commissioner for Wales

Children

(13) The First Minister for Wales performing functions under regulations made under paragraph 2 of Schedule 1 to the Commissioner for Older People (Wales) Act 2006 when considering whether B is suitable to be the Commissioner for Older People in Wales

Vulnerable adults

(14) The Commissioner for Older People in Wales performing functions under Schedule 1 to the Commissioner for Older People (Wales) Act 2006 when considering whether B is suitable to be the deputy Commissioner for Older People in Wales

Vulnerable adults

(15) The Secretary of State performing functions under paragraph 1 of Schedule 2 to the Criminal Justice and Court Services Act 2000 when considering whether B is suitable to be chairman or other member of the Children and Family Court Advisory and Support Service

Children

(16) The Secretary of State performing functions under paragraph 5(4)(a) of Schedule 2 to the Criminal Justice and Court Services Act 2000 when considering whether B is suitable to be the chief executive of the Children and Family Court Advisory and Support Service

Children

(17) The Secretary of State performing functions under paragraph 1(2) or 2(4) of Schedule 1 to the 2006 Act when considering whether B is suitable to be the chairman or other member, or chief executive, of the Independent Safeguarding Authority

Children

(18) The Secretary of State performing functions under paragraph 1(2) or 2(4) of Schedule 1 to the 2006 Act when considering whether B is suitable to be the chairman or other member, or chief executive, of the Independent Safeguarding Authority

Vulnerable adults

(19) Adoption Agency (within the meaning of section 2 of the Adoption and Children Act 2002 ) performing functions in accordance with regulations made under section 9 of that Act when considering whether B is suitable—

(a) to adopt a child;

(b) to live in premises in which a child is placed for adoption

Children

(20) Bishop of a diocese in the Church of England performing functions under the Canons of the Church of England when considering whether B is suitable for ordination or admission to the office of priest, deacon, deaconess, reader or licensed lay worker, or considering whether to license or authorise B to serve in the Bishop’s diocese (where B has been ordained or admitted to the office of priest, deacon, deaconess, reader or licensed lay worker)

Children

(21) Bishop of a diocese in the Church of England performing functions under the Canons of the Church of England when considering whether B is suitable for ordination or admission to the office of priest, deacon, deaconess, reader or licensed lay worker, or considering whether to license or authorise B to serve in the Bishop’s diocese (where B has been ordained or admitted to the office of priest, deacon, deaconess, reader or licensed lay worker)

Vulnerable adults

(22) Person performing functions in relation to the approval or accreditation of B for any form of teaching, training, instruction, care or supervision when considering whether B is suitable to teach, train, instruct, care for or supervise children

Children

(23) Person performing functions in relation to the approval or accreditation of B for any form of teaching, training or instruction when considering whether B is suitable to teach, train or instruct vulnerable adults

Vulnerable adults