The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2012

• Citation: S.I. 2012/2112
• Sections: 28

Section 1 Citation, commencement, interpretation and extent

(1) These Regulations may be cited as the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2012.

(2) Subject to paragraph (3), these Regulations shall come into force on 10th September 2012.

(3) Regulations 7 to 9 and 24 to 28 shall come into force on 10th September 2012 immediately after the commencement of section 66 of the Protection of Freedoms Act 2012 .

(4) In these Regulations “the 2006 Act ” means the Safeguarding Vulnerable Groups Act 2006.

(5) These Regulations extend to England and Wales.

Section 2 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008

The Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008 are amended as follows.

Section 3 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008

In regulation 1(2) omit the definition of the “unique identification number accorded to the monitoring application or referral”.

Section 4 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008

In regulation 1(2) for the definition of the “Criminal Records Bureau disclosure number” substitute ““the criminal record certificate number” means the number relating to any criminal record certificate within the meaning of section 113A of the Police Act 1997 or any enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997.”

Section 5 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008

Omit regulation 3(d) and (e).

Section 6 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008

For regulation 3(g) substitute—

(g) the criminal record certificate number relating to the individual;

Section 7 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barred List Prescribed Information) Regulations 2008

In regulation 4(c) for “duty”, in each place where it occurs, substitute “power”.

Section 8 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008

The Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008 are amended as follows.

Section 9 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Barring Procedure) Regulations 2008

In regulation 2—

(a) in paragraph (1) omit “removal from, or”;

(b) in paragraph (5) omit “removal from, or”.

Section 10 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008 are amended as follows.

Section 11 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In regulation 2(1) in the definition of “employment” omit “or controlled”.

Section 12 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In regulation 3—

(a) omit “and responsible persons” in the heading;

(b) omit “and (b)”.

Section 13 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In regulation 4(2)(e) omit “or controlled activity”.

Section 14 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In regulation 4(2)(f)(i), (h) and (i) omit “or controlled”.

Section 15 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In regulation 5(1) omit “and (b)”.

Section 16 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

Omit regulations 6, 8 and 10.

Section 17 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In paragraph 1 of the Schedule—

(a) at the end of sub-paragraph (e) insert “and”;

(b) in sub-paragraph (f) omit “; and”;

(c) omit sub-paragraph (g).

Section 18 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In paragraph 2 of the Schedule omit “or controlled”.

Section 19 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In paragraph 4(h) of the Schedule omit “or controlled”.

Section 20 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In paragraph 6 of the Schedule for “35, 36, 39, 41 or 45” substitute “35 or 36”.

Section 21 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Prescribed Information) Regulations 2008

In paragraph 9 of the Schedule after “such proceedings” insert “, and including proceedings commenced under the Children Act 1989”.

Section 22 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009 are amended as follows.

Section 23 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Regulations 2009

Omit regulations 2 and 4.

Section 24 Regulated activity relating to vulnerable adults

Subject to regulation 26, the conveying of adults who need to be conveyed by reason of age, illness or disability by the following persons in the course of their employment is regulated activity relating to vulnerable adults under paragraph 7(1)(f) of Schedule 4 to the 2006 Act —

(a) any person who is employed as a hospital porter;

(b) any person who is employed as an emergency care assistant;

(c) any person who is employed as an ambulance technician;

(d) any driver who is employed in the Patient Transport Service or a person who is employed to assist that driver in carrying out the conveying.

Section 25 Regulated activity relating to vulnerable adults

Subject to regulation 26, the conveying, or assistance provided in the conveying, of any adult who needs to be conveyed by reason of age, illness or disability is regulated activity relating to vulnerable adults under paragraph 7(1)(f) of Schedule 4 to the 2006 Act in the following circumstances—

(a) the conveying is on behalf of an organisation, whether or not the person who does, or assists in, such conveying is employed by that organisation;

(b) the conveying is to or from a place in which the adult will receive, or has received, health care (as defined in paragraph 7(2) of Schedule 4 to the 2006 Act ), relevant personal care (as defined in paragraph 7(3B) of Schedule 4 to the 2006 Act ) or relevant social work (as defined in paragraph 7(3C) of Schedule 4 to the 2006 Act ); and

(c) the person does, or assists in, such conveying for the purpose of enabling the adult to receive that health care, relevant personal care or relevant social work (as the case may be).

Section 26 Regulated activity relating to vulnerable adults

Regulations 24 and 25 do not apply to any person who does, or assists in, such conveying in a vehicle which is licensed under —

(a) section 37 of the Town Police Clauses Act 1847 ;

(b) section 6 of the Metropolitan Public Carriage Act 1869 ;

(c) section 48 of the Local Government (Miscellaneous Provisions) Act 1976 ;

(d) section 7 of the Private Hire Vehicles (London) Act 1998 ; or

(e) an equivalent provision of a local enactment.

Section 27 Regulated activity relating to vulnerable adults

The provision of psychotherapy or counselling, but not life coaching, to an adult which is related to health care the adult is receiving from, or under the direction or supervision of, a health care professional as defined in paragraph 7(3) of Schedule 4 to the 2006 Act is regulated activity relating to vulnerable adults under paragraph 7(1)(g) of Schedule 4 to the 2006 Act.

Section 28 Provision of information to the police: prescribed purposes

The disclosure of information by the relevant chief officer under section 113B(4) of the Police Act 1997 is prescribed under section 50A(1)(d) of the 2006 Act.