Safeguarding Vulnerable Groups Act 2006

Restrictions on participating in regulated activity

7 Barred person not to engage in regulated activity

(1) An individual commits an offence if he—

(a) seeks to engage in regulated activity from which he is barred;

(b) offers to engage in regulated activity from which he is barred;

(c) engages in regulated activity from which he is barred.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(3) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.

(4) It is a defence for a person charged with an offence under subsection (1) to prove—

(a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that he engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this section, Schedule 4 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

(c) in paragraph 7(4), paragraph (a) must be disregarded.

(6) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (2)(b) to 12 months must be taken to be a reference to six months.

8 Person not to engage in regulated activity unless subject to monitoring

(1) An individual commits an offence if—

(a) he engages in regulated activity with the permission of a regulated activity provider, and

(b) he is not subject to monitoring in relation to that activity.

(2) An individual commits an offence if—

(a) he engages in an activity which is a regulated activity by virtue of paragraph 1(3) or (6) of Schedule 4, and

(b) he is not subject to monitoring in relation to regulated activity relating to children.

(3) An individual commits an offence if—

(a) he acts as a member of the governing body of an educational establishment mentioned in subsection (5), and

(b) he is not subject to monitoring in relation to regulated activity relating to children.

(4) A person guilty of an offence under subsection (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) The establishments are—

(a) an educational institution which is exclusively or mainly for the provision of full-time education to children;

(b) a maintained nursery school (within the meaning of section 39 of the Education Act 2002 (c. 32)).

(6) A person does not commit an offence under subsection (1) or (2) if he has not attained the age of 16.

(7) A person does not commit an offence under subsection (1) if, in relation to any continuous period for which he is permitted to engage in the activity—

(a) the permission is first given before the commencement of this section, and

(b) it continues to have effect after such commencement.

(8) Where subsection (7) applies to a person who is engaged in regulated activity which is relevant NHS employment for the purposes of section 17(1)(d), he does not commit an offence under subsection (1) if he also engages in any other such regulated activity as mentioned in section 17.

(9) Subsection (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

(10) A person does not commit an offence under subsection (1) if the regulated activity—

(a) is regulated activity relating to vulnerable adults, and

(b) falls within section 16.

(11) A person does not commit an offence under subsection (3) if, in relation to any continuous period for which he acts as a governor—

(a) his appointment as a governor first took effect before the commencement of this section, and

(b) it continues to have effect after such commencement.

(12) Subsection (11) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.

(13) It is a defence for a person charged with an offence under subsection (1), (2) or (3) to prove that he did not know, and could not reasonably be expected to know, that he was not subject to monitoring in relation to the activity.

(14) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.

9 Use of barred person for regulated activity

(1) A person commits an offence if—

(a) he permits an individual (B) to engage in regulated activity from which B is barred,

(b) he knows or has reason to believe that B is barred from that activity, and

(c) B engages in the activity.

(2) A personnel supplier commits an offence if—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c) he knows or has reason to believe that B is barred from that activity.

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.

(4) It is a defence for a person charged with an offence under this section to prove—

(a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that the barred person engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this section, Schedule 4 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

(c) in paragraph 7(4), paragraph (a) must be disregarded.

(6) In relation to an offence committed before the commencement of section 282(3) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12 months must be taken to be a reference to six months.

10 Use of person not subject to monitoring for regulated activity

(1) A regulated activity provider commits an offence if—

(a) he permits an individual (B) to engage in regulated activity in relation to which B is not subject to monitoring,

(b) he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and

(c) B engages in the activity.

(2) A personnel supplier commits an offence if—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and

(c) he knows or has reason to believe that B is not subject to monitoring in relation to that activity.

(3) For the purposes of subsection (2)(b), Schedule 4 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;

(c) in paragraph 7(4), paragraph (a) must be disregarded.

(4) A person guilty of an offence under subsection (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person does not commit an offence under subsection (1) or (2) if B has not attained the age of 16.

(6) A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—

(a) the permission is first given before the commencement of this section, and

(b) it continues to have effect after such commencement.

(7) A person does not commit an offence under subsection (1) if—

(a) he falls within section 17,

(b) the permission mentioned in subsection (1) commences at a time when B is engaged in relevant NHS employment mentioned in section 17(1)(b) in circumstances mentioned in subsection (6), and

(c) for the duration of the permission mentioned in subsection (1), B continues to be engaged in that relevant NHS employment.

(8) Subsection (6) or (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

(9) A person does not commit an offence under subsection (1) or (2) if the regulated activity—

(a) is regulated activity relating to vulnerable adults, and

(b) falls within section 16.

(10) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.

(11) A person is not guilty of an offence by virtue of subsection (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this section.

(12) Subsection (11) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

11 Regulated activity provider: failure to check

(1) A regulated activity provider commits an offence if—

(a) he permits an individual (B) to engage in regulated activity,

(b) B engages in the activity, and

(c) he fails to ascertain whether B is subject to monitoring in relation to the activity.

(2) A regulated activity provider ascertains whether B is subject to monitoring only if—

(a) he obtains an appropriate verification in accordance with Part 1 of Schedule 5 and neither of Parts 2 and 3 of that Schedule is prescribed in relation to him,

(b) he obtains an appropriate verification in accordance with Part 2 of that Schedule and that Part is prescribed in relation to him, or

(c) he obtains an appropriate verification in accordance with Part 3 of that Schedule and that Part is prescribed in relation to him.

(3) A person does not commit an offence under subsection (1) if the regulated activity—

(a) is regulated activity relating to vulnerable adults, and

(b) falls within section 16.

(4) A person does not commit an offence under subsection (1) if he falls within section 17.

(5) A person does not commit an offence under subsection (1) if B has not attained the age of 16.

(6) A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—

(a) the permission is first given before the commencement of this section, and

(b) it continues to have effect after such commencement.

(7) Subsection (6) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.

(8) A person commits an offence if—

(a) he provides written confirmation under Schedule 5 that is false in any material respect, and

(b) he either knows that it is false or is reckless as to whether it is false.

(9) A person guilty of an offence under subsection (1) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this section in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 4 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.

12 Personnel suppliers: failure to check

(1) Schedule 6 (employment businesses: failure to check) has effect.

(2) The Secretary of State may by order make provision (including provision amending this Act) corresponding to Schedule 6 in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.

13 Educational establishments: check on members of governing body

(1) The appropriate officer (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 relating to any person (B) who is appointed to the governing body of an educational establishment mentioned in section 8(5).

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) A person does not commit an offence under subsection (1) if, in relation to any continuous period for which B is a member of the governing body of the establishment—

(a) the appointment first took effect before the commencement of this section, and

(b) it continues to have effect after such commencement.

(4) Subsection (3) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.

(5) An appropriate officer is such person as is prescribed.

14 Office holders: offences

(1) The Secretary of State may by regulations provide that a person commits an offence if—

(a) he engages in activity that is regulated activity by virtue of paragraph 1(9) or 7(9) of Schedule 4, and

(b) he is not subject to monitoring in relation to the activity.

(2) The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with section 15 in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 8(1) of Schedule 4.

(3) Regulations under subsection (1) or (2) may provide for defences to the offence.

(4) An offence created by regulations under this section is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.

15 Sections 13 and 14: checks

(1) This section has effect for the purposes of sections 13 and 14.

(2) P makes a check in accordance with this section if—

(a) he obtains relevant information relating to B in pursuance of an application under section 30, or

(b) he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to P.

(3) P makes a check in accordance with this section if—

(a) an enhanced criminal record certificate relating to B is issued during the prescribed period,

(b) the application for the certificate is countersigned on behalf of P by a registered person (within the meaning of Part 5 of the Police Act 1997 (c. 50)), and

(c) P obtains from the registered person the information mentioned in subsection (4) derived from the certificate.

(4) The information is—

(a) whether B is subject to monitoring, and

(b) whether the Independent Barring Board is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 3.

(5) In subsection (2)(a) “relevant information” means—

(a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 4, relevant information relating to children (within the meaning of section 31);

(b) in relation to a person appointed to a position mentioned in paragraph 8(1) of Schedule 4, relevant information relating to vulnerable adults (within the meaning of section 31).

(6) For the purposes of subsection (2)(b) an enhanced criminal record certificate is issued in relation to P only if—

(a) he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997 (c. 50), or

(b) the application was countersigned on his behalf by such a person.

(7) In this section “enhanced criminal record certificate” means—

(a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 4, an enhanced criminal record certificate issued under the Police Act 1997 containing suitability information relating to children (within the meaning of section 113BA of that Act);

(b) in relation to a person appointed to a position mentioned in paragraph 8(1) of Schedule 4, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).