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Safeguarding Vulnerable Groups Act 2006

Section 56 – Devolution: Wales

152.This section provides that certain secondary legislation-making powers in the Act, to the extent that they affect Wales, transfer to Welsh Ministers. These include:

a.

setting the period within which a check must be made on a governor of an educational establishment, following his appointment;

b.

defining the steps which must be taken when employing a person in controlled activity;

c.

requiring local authorities to tell direct payments recipients about the vetting and barring scheme;

d.

setting the date by which all checks with the barring scheme must have been made for the vulnerable groups workforce, where these are required.

153.This section also provides that the Secretary of State must obtain the agreement of Welsh Ministers before exercising secondary legislation-making powers that provide for:

a.

the information to be provided by the National Assembly for Wales (in its capacity as a supervisory authority) when making referrals to the IBB;

b.

the procedure for applications made by the Assembly (again in its capacity as a supervisory authority) to the Secretary of State for certain information;

c.

changes to the status of the Assembly as a supervisory authority (to which requirements apply relating to the provision of information);

d.

the status of the Assembly as an “interested supervisory authority” (eligible to be notified of certain information) to be altered.

154.The section also states that, in exercising other significant secondary legislation-making powers in the Act, the Secretary of State must consult Welsh Ministers.

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