The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity) (Wales) Regulations 2010

• Citation: S.I. 2010/1171 (W.)
• Sections: 3

Section 1 Title, commencement and application

(1) The title of these Regulations is the Safeguarding Vulnerable Groups Act 2006 (Controlled Activity) (Wales) Regulations 2010 and they come into force on the day after the day on which they are made.

(2) These Regulations apply in relation to Wales.

Section 2 Circumstances in which a responsible person must not permit another to engage in a controlled activity in Wales relating to children

(1) A responsible person (“ RP ”) may only permit another (“ A ”) to engage in a controlled activity relating to children in the circumstances specified in paragraph (2) or the circumstances specified in paragraph (3).

(2) The circumstances in this paragraph are that—

(a) the Secretary of State has issued to A under section 113B of the Police Act 1997 either–

(i) an enhanced criminal record certificate which includes suitability information relating to children (within the meaning of section 113BA of that Act), or

(ii) a notification that A is—

(aa) not barred from regulated activity relating to children ,

(bb) not included in the list kept under section 1 of the Protection of Children Act 1999 , and

(cc) not subject to a direction made under section 142 of the Education Act 2002 ;

(b) the certificate or notification was issued within the period of 90 days ending on the date on which RP permits A to engage in a controlled activity relating to children; and

(c) RP received a copy of that certificate or notification before permitting A to engage in controlled activity relating to children.

(3) The circumstances in this paragraph are that RP is satisfied, before permitting A to engage in controlled activity relating to children, that A is—

(a) not barred from regulated activity relating to children ,

(b) not included in the list kept under section 1 of the Protection from Children Act 1999, and

(c) not subject to a direction made under section 142 of the Education Act 2002.

(4) Paragraph (1) does not apply in relation to any continuous period in which A is permitted by RP to engage in a controlled activity relating to children if–

(a) the permission was given before these Regulations came into force, and

(b) the permission continues to have effect after these Regulations came into force.

Section 3 Circumstances in which a responsible person must not permit another to engage in controlled activity in Wales relating to vulnerable adults

(1) A responsible person (“RP”) may only permit another (“A”) to engage in a controlled activity relating to vulnerable adults in the circumstances specified in paragraph (2) or the circumstances specified in paragraph (3).

(2) The circumstances in this paragraph are that—

(a) the Secretary of State has issued to A under section 113B of the Police Act 1997 either–

(i) an enhanced criminal record certificate which includes suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act), or

(ii) a notification that A is—

(aa) not barred from regulated activity relating to vulnerable adults , and

(bb) not included in the list kept under section 81 of the Care Standards Act 2000 ;

(b) the certificate or notification was issued within the period of 90 days ending on the date on which RP permits A to engage in a controlled activity relating to vulnerable adults; and

(c) RP received a copy of that certificate or notification before permitting A to engage in controlled activity relating to vulnerable adults.

(3) The circumstances in this paragraph are that RP is satisfied, before permitting A to engage in controlled activity relating to vulnerable adults, that A is–

(a) not barred from regulated activity relating to vulnerable adults, and

(b) not included in the list kept under section 81 of the Care Standards Act 2000.

(4) Paragraph (1) does not apply in relation to any continuous period in which A is permitted by RP to engage in a controlled activity relating to vulnerable adults if—

(a) the permission was given before these Regulations came into force, and

(b) the permission continues to have effect after these Regulations came into force.