Safeguarding Vulnerable Groups Act 2006

Part 2 E+W Regulated activity relating to vulnerable adults

7 (1) Each of the following is a regulated activity relating to vulnerable adults if it is carried out frequently by the same person or the period condition is satisfied— E+W

(a) any form of training, teaching or instruction provided wholly or mainly for vulnerable adults;

(b) any form of care for or supervision of vulnerable adults;

(c) any form of assistance, advice or guidance provided wholly or mainly for vulnerable adults;

(d) any form of treatment or therapy provided for a vulnerable adult;

(e) moderating a public electronic interactive communication service which is likely to be used wholly or mainly by vulnerable adults;

(f) driving a vehicle which is being used only for the purpose of conveying vulnerable adults and any person caring for the vulnerable adults pursuant to arrangements made in prescribed circumstances;

(g) anything done on behalf of a vulnerable adult in such circumstances as are prescribed.

(2) For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting vulnerable adults, he has any function relating to—

(a) monitoring the content of matter which forms any part of the service,

(b) removing matter from, or preventing the addition of matter to, the service, or

(c) controlling access to, or use of, the service.

(3) But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (2)(b) or (c) unless he has—

(a) access to the content of the matter;

(b) contact with users of the service.

(4) An activity carried out in a care home (for the purposes of the Care Standards Act 2000 (c. 14)) which is exclusively or mainly for vulnerable adults is a regulated activity relating to vulnerable adults if—

(a) it is carried out at the establishment frequently by the same person or the period condition is satisfied,

(b) it is carried out by a person while engaging in any form of work (whether or not for gain),

(c) it is carried out for or in connection with the purposes of the establishment, and

(d) it gives that person the opportunity, in consequence of anything he is permitted or required to do in connection with the activity, to have contact with vulnerable adults.

(5) Any activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in sub-paragraph (1) or (4) is a regulated activity relating to vulnerable adults.

[F1 (6) The exercise of an inspection function of the Welsh Ministers so far as the function gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults.]

(7) [F2 An inspection function is a function] relating to the inspection of—

(a) a local authority (within the meaning of section 1 of the Local Authority Social Services Act 1970 (c. 42)) in the exercise of its social services functions (within the meaning of that Act),

(b) an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000,

(c) an agency in relation to which such a requirement arises,

(d) a person to whom Part 2 of that Act applies in pursuance of [F3 regulations] under section 42 of that Act,

(e) an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003, or

(f) any person, other than a local authority, providing English local authority social services or Welsh local authority social services within the meaning of that section,

in so far as the inspection relates to social services, care, treatment or therapy provided for vulnerable adults by the establishment, agency, person or body.

(8) In sub-paragraph (7)(e) the reference to an NHS body includes a reference to any person who provides, or is to provide, health care for the body (wherever the health care is or is to be provided).

[F4 (8A) The exercise of a function of the Care Quality Commission so far as the function

[F5 (a) relates to the inspection of anything which is listed in section 60(1) of the Health and Social Care Act 2008 and involves the provision of social services, care, treatment or therapy for vulnerable adults, and

(b) gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults,]

is a regulated activity relating to vulnerable adults.]

(9) The exercise of a function of a person mentioned in paragraph 8(1) is a regulated activity relating to vulnerable adults.

(10) A person who is part of a group in relation to which another (P) engages in regulated activity relating to vulnerable adults does not engage in regulated activity only because he assists P or does anything on behalf of or under the direction of P which, but for this sub-paragraph, would amount to engaging in regulated activity relating to vulnerable adults.

Textual Amendments

F1 Sch. 4 para. 7(6) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 7(2)

F2 Words in Sch. 4 para. 7(7) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 7(3)

F3 Word in Sch. 4 para. 7(7)(d) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 9

F4 Sch. 4 para. 7(8A) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 93(3); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(bb)

F5 Words in Sch. 4 para. 7(8A) substituted (31.3.2010) by The Safeguarding Vulnerable Groups Act 2006 (Regulated Activity, Devolution and Miscellaneous Provisions) Order 2010 (S.I. 2010/1154), arts. 1(1), 7(4)

Commencement Information

I1 Sch. 4 para. 7 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I2 Sch. 4 para. 7 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I3 Sch. 4 para. 7 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)

I4 Sch. 4 para. 7(1)(f) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(w)

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

(a) member of a relevant local government body;

[F6 (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 [F7 ISA].

[F8 (g) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services F9 ... 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.

[F10 (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).

(7) In relation to a local authority—

(a) which is a children's services authority (within the meaning of the Children Act 2004 (c. 31)), and

(b) which has not appointed a director of children's services under section 18 of that Act,

in sub-paragraph (1)(b) above the word “adult” must be ignored.

Textual Amendments

F6 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)

F7 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)

F8 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)

F9 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

F10 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)

Commencement Information

I5 Sch. 4 para. 8 in force at 11.2.2008 for specified purposes by S.I. 2007/3545 , art. 4(b)

I6 Sch. 4 para. 8 in force at 19.5.2008 for specified purposes by S.I. 2008/1320 , art. 2(a)

I7 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)

9 E+W The Secretary of State may, by order, provide that in such circumstances as are specified an activity which is a regulated activity in relation to vulnerable adults is not to be treated as a regulated activity.

Commencement Information

I8 Sch. 4 para. 9 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I9 Sch. 4 para. 9 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I10 Sch. 4 para. 9 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 5(p)

I11 Sch. 4 para. 9 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)