Safeguarding Vulnerable Groups Act 2006

8 (1) The persons referred to in paragraph 7(9) are— E+W

(a) member of a relevant local government body;

[F1 (aa) chief executive of a local authority that has any social services functions;]

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

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

(d) Commissioner for older people in Wales or deputy Commissioner for older people in Wales;

(e) charity trustee of vulnerable adults' charity;

(f) member or chief executive or member of staff of [F2 ISA].

[F3 (g) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services F4 ... for or in relation to vulnerable adults;]

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

(a) he is a member of a local authority and discharges any social services functions of a local authority which relate wholly or mainly to vulnerable adults;

(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.

[F5 (2A) For the purposes of sub-paragraph (1)(g) 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.]

(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 vulnerable adults' charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to vulnerable adults.

(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) In this paragraph—

• “area committee” has the same meaning as in section 18 of the Local Government Act 2000 (c. 22);

• “charity” and “charity trustee” have the same meanings as in the Charities Act 1993 (c. 10);

• “executive”, in relation to a local authority, has the same meaning as in Part 2 of the Local Government Act 2000;

• “local authority” has the same meaning as in the Education Act 1996 (c. 56);

• “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

[F6 (7) In relation to a local authority which has not appointed a director of children’s services under section 18 of the Children Act 2004, in sub-paragraph (1)(b) above the word “adult” must be ignored.]

Textual Amendments

F1 Sch. 4 para. 8(1)(aa) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610) , arts. 1(1) , 27(2)

F2 Words in Sch. 4 para. 8 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(m)(v), 116(5)(a)

F3 Sch. 4 para. 8(1)(g) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610) , arts. 1(1) , 27(3)

F4 Words in Sch. 4 para. 8(1)(g) omitted (31.3.2010) by virtue of The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154) , arts. 1(1) , 8

F5 Sch. 4 para. 8(2A) inserted (12.10.2009) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Miscellaneous and Transitional Provisions and Commencement No. 5) Order 2009 (S.I. 2009/2610) , arts. 1(1) , 27(4)

F6 Sch. 4 para. 8(7) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) , art. 1 , Sch. 2 para. 62(3)(b)

Commencement Information

I1 Sch. 4 para. 8 in force at 11.2.2008 for specified purposes by S.I. 2007/3545 , art. 4(b)

I2 Sch. 4 para. 8 in force at 19.5.2008 for specified purposes by S.I. 2008/1320 , art. 2(a)

I3 Sch. 4 para. 8 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39 , art. 2(1)(b)