SCHEDULES

SCHEDULE 4E+WRegulated Activity

Part 2 E+WRegulated activity relating to vulnerable adults

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 [F2ISA].

[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

F2Words 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)

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)