The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012

• Citation: S.I. 2012/2157
• Sections: 9

Section 1 Citation, commencement and interpretation

(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.

Section 2 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

The Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009 is amended as follows.

Section 3 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

Articles 2 and 4 are revoked.

Section 4 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Miscellaneous Provisions) Order 2009

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”.

Section 5 Amendment of the Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009

(1) The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 is 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.

Section 6 Transitional provisions

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

Section 7 Transitional provisions

(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) included in the list kept under section 1 of the Protection of Children Act 1999 ;

(b) included in the list kept under section 81 of the Care Standards Act 2000 ;

(c) subject to a direction under section 142 of the Education Act 2002 ; or

(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).

Section 8 Transitional provisions

(1) Section 113E of the Police Act 1997 has effect subject to the following modifications.

(2) In subsection (3)—

(a) the words “113A or” must be ignored;

(b) for paragraph (a) substitute “it is made in a case prescribed under section 113BB(1) ”.

(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 2007 .

Section 9 Transitional provisions

(1) Section 116 of the Police Act 1997 has effect subject to the following modifications.

(2) For subsection (3) substitute—

(3) Section 113B(3) to (11) and sections 113BA , 113BB and 113E, as modified by the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012, shall apply in relation to this section with any necessary further modifications.