Safeguarding Vulnerable Groups Act 2006

Yn ddilys o 11/02/2008

Regulated activity: general E+W

1 (1) An activity is a regulated activity relating to children if— E+W

(a) it is mentioned in paragraph 2(1), and

(b) it is carried out frequently by the same person or the period condition is satisfied.

(2) An activity is a regulated activity relating to children if—

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

(b) it is carried out in an establishment mentioned in paragraph 3(1),

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

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

(e) 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 children.

(3) Each of the following, if carried out in England, is a regulated activity relating to children—

(a) providing early years childminding in respect of which a requirement to register arises by section 33(1) of the Childcare Act 2006 (c. 21) (requirement to register);

(b) providing later years childminding in respect of which a requirement to register arises by section 52(1) of that Act (requirement to register);

(c) providing early years childminding or later years childminding, if it is provided by a person who is registered by virtue of section 62(1) of that Act (voluntary registration of childminders);

(d) providing later years childminding for a child who has attained the age of eight, if a requirement to register would arise in respect of that provision by section 52(1) of that Act if the child had not attained that age.

(4) Any expression used both in sub-paragraph (3) and in Part 3 of the Childcare Act 2006 has the meaning given by that Act.

(5) It is a regulated activity relating to children to foster a child (as mentioned in section 53).

(6) Each of the following, if carried out in Wales, is a regulated activity relating to children—

(a) acting as a child minder so as to give rise to a requirement to register under section 79D of the Children Act 1989 (c. 41);

(b) an activity which would give rise to such a requirement if the child in relation to whom the activity is carried out were under the age of eight.

(7) For the purposes of sub-paragraph (6), “acting as a child minder” must be construed in accordance with section 79A of that Act.

(8) The exercise of any function of the following is a regulated activity relating to children—

(a) officer of the Children and Family Court Advisory and Support Service;

(b) Welsh family proceedings officer (within the meaning of Part 4 of the Children Act 2004 (c. 31)).

(9) The exercise of a function of a person mentioned in paragraph 4(1) is a regulated activity relating to children.

(10) The exercise of a function of any of the following so far as it relates to the inspection of an establishment mentioned in paragraph 3(1) is a regulated activity relating to children—

(a) HM Chief Inspector of Schools in England;

(b) HM Chief Inspector of Education and Training in Wales;

(c) a body approved in pursuance of section 163(1)(b) of the Education Act 2002 (c. 32) to inspect a registered independent school;

(d) HM Chief Inspector of Prisons;

(e) the Commission for Social Care Inspection;

(f) the Commission for Healthcare Audit and Inspection;

(g) the National Assembly for Wales.

(11) The exercise of a function of—

(a) the Commission for Healthcare Audit and Inspection, or

(b) the National Assembly for Wales,

so far as it relates to the inspection of an establishment, agency or body falling within sub-paragraph (12) is a regulated activity relating to children.

(12) An establishment, agency or body falls within this sub-paragraph if it is—

(a) an establishment in relation to which a requirement to register arises under section 11 of the Care Standards Act 2000 (c. 14),

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

(c) an NHS body within the meaning of section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43),

and it provides any form of treatment or therapy for children.

(13) In sub-paragraph (12)(c) 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).

(14) 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), (2), (8), (10) or (11) is a regulated activity relating to children.