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
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)
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)
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)