Safeguarding Vulnerable Groups Act 2006

Changes over time for: Paragraph 4

Version Superseded: 10/09/2012

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Point in time view as at 01/04/2012.

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Safeguarding Vulnerable Groups Act 2006, Paragraph 4 is up to date with all changes known to be in force on or before 22 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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4(1)The persons referred to in paragraph 1(9) are—E+W

(a)member of [F1or clerk to]the governing body of an educational establishment mentioned in section 8(5);

[F2(aa)person appointed by the governing body of a maintained school to serve on a committee established by that body;

[F3(aaa) member of or clerk to a committee (established in accordance with regulations made under paragraph 15 of Schedule 1 to the Education Act 1996 ) which acts as the management committee of a school falling within section 19(2) or (2B) of that Act (pupil referral units etc ) which does not fall within sub-paragraph (1)(a);

(aab)an individual who is the proprietor of an independent school [F4 or an alternative provision Academy which is not an independent school];

(aac)an individual who takes part in the management of an independent school [F5or an alternative provision Academy which is not an independent school];]

(ab)chief executive of a local authority that has any education functions or social services functions;]

(b)member of a relevant local government body;

(c)director of children's services of a local authority in England;

(d)director of adult social services of a local authority in England;

(e)director of social services of a local authority in Wales;

(f)chief education officer of a local authority in Wales;

(g)charity trustee of a children's charity;

(h)member of the Youth Justice Board for England and Wales;

(i)Children's Commissioner or deputy Children's Commissioner appointed under Part 1 of the Children Act 2004 (c. 31);

(j)Children's Commissioner for Wales or deputy Children's Commissioner for Wales;

(k)operator of a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004;

(l)member of a Local Safeguarding Children Board established under section 13 or 31 of that Act;

(m)member or chief executive of the Children and Family Court Advisory and Support Service;

(n)a deputy appointed in respect of a child under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

(o)member, chief executive or member of staff of [F6ISA].

[F7(p) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services F8 ... for or in relation to children;

(q)a person appointed under section 27(1)(a) of the Children Act 2004 as the lead director for children and young people’s services (Wales);

(r)Children’s Rights Director appointed under section 120 of the Education and Inspections Act 2006 and a person whose duties consist wholly or mainly of assisting the Director in the exercise of the Director’s functions.]

[F9(s)member of a fostering panel;

(t)member of an adoption panel.]

[F10(1A)For the purposes of sub-paragraph (1)(a), a person is a clerk to the governing body of an educational establishment mentioned in section 8(5) if—

(a)the person is appointed in accordance with regulations under section 23 of the Education Act 2002 as a clerk to the governing body of a maintained school, or

(b)the person is appointed in relation to the governing body of any other educational establishment mentioned in section 8(5) and has functions similar to those of a person falling within paragraph (a).

[F11(1AA)For the purposes of sub-paragraph (1)(aaa), a person is a clerk to a committee if that person falls within the definition of a clerk to the committee in the regulations made under paragraph 15 of Schedule 1 to the Education Act 1996.]

(1B)For the purposes of sub-paragraph (1)(p) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Part 2 of the Care Standards Act 2000.]

(2)For the purposes of sub-paragraph (1)(b), a person is a member of a relevant local government body if—

(a)he is a member of a local authority and discharges any education functions, or social services functions, of a local authority;

(b)he is a member of an executive of a local authority which discharges any such functions;

(c)he is a member of a committee of an executive of a local authority which discharges any such functions;

(d)he is a member of an area committee, or any other committee, of a local authority which discharges any such functions.

(3)Any reference in sub-paragraph (2) to a committee includes a reference to any sub-committee which discharges any functions of that committee.

(4)A charity is a children's charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to children.

(5)An individual is a worker for a charity if he does work under arrangements made by the charity; but the arrangements referred to in this sub-paragraph do not include any arrangements made for purposes which are merely incidental to the purposes for which the charity is established.

(6)For the purposes of sub-paragraph (1)(k), a person is the operator of a database if he—

(a)establishes or maintains the database, or

(b)otherwise, exercises any function in relation to the management or control of the database.

[F12(6A)For the purposes of sub-paragraph (1)(s), a fostering panel is a panel established in accordance with regulations made under section 22(2) of the Care Standards Act 2000 (regulation of establishment or agencies) or regulations made under Part 3 or section 59 of the Children Act 1989 (regulation of foster placements made by local authorities or independent fostering agencies) whose functions include making recommendations as to whether a person is suitable to foster a child.

(6B) For the purposes of sub-paragraph (1)(t), an adoption panel is a panel established in accordance with regulations made under section 9 of the Adoption and Children Act 2002 (power to regulate adoption etc agencies). ]

(7)In this paragraph—

“area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);
[F13“charity trustee” has the same meaning] [F14as in the Charities Act 2011];
[F15“education functions”, in relation to a local authority, has the meaning given by section 579(1) of the Education Act 1996;]
“ executive ”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000;
[F16“independent school” has the same meaning as in section 463 of the Education Act 1996;]
“ local authority ” has the same meaning as in the Education Act 1996 (c. 56);
[F17“maintained school” has the same meaning as in section 39 of the Education Act 2002;]
[F16“proprietor” has the same meaning as in section 579(1) of the Education Act 1996;]
“ social services functions ”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).