- Latest available (Revised)
- Original (As enacted)
Protection of Freedoms Act 2012, Section 64 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
(1)Parts 1 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (regulated activity relating to children and the period condition) are amended as follows.
(2)In paragraph 1(1)(b) (frequency and period condition for regulated activity), at the beginning, insert “ except in the case of activities falling within sub-paragraph (1A), ”.
(3)After paragraph 1(1) insert—
“(1A)The following activities fall within this sub-paragraph—
(a)relevant personal care, and
(b)health care provided by, or under the direction or supervision of, a health care professional.
(1B)In this Part of this Schedule “relevant personal care” means—
(a)physical assistance which is given to a child who is in need of it by reason of illness or disability and is given in connection with eating or drinking (including the administration of parenteral nutrition),
(b)physical assistance which is given to a child who is in need of it by reason of age, illness or disability and is given in connection with—
(i)toileting (including in relation to the process of menstruation),
(ii)washing or bathing, or
(iii)dressing,
(c)the prompting (together with supervision) of a child, who is in need of it by reason of illness or disability, in relation to the performance of the activity of eating or drinking where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
(d)the prompting (together with supervision) of a child, who is in need of it by reason of age, illness or disability, in relation to the performance of any of the activities listed in paragraph (b)(i) to (iii) where the child is unable to make a decision in relation to performing such an activity without such prompting and supervision,
(e)any form of training, instruction, advice or guidance which—
(i)relates to the performance of the activity of eating or drinking,
(ii)is given to a child who is in need of it by reason of illness or disability, and
(iii)does not fall within paragraph (c), or
(f)any form of training, instruction, advice or guidance which—
(i)relates to the performance of any of the activities listed in paragraph (b)(i) to (iii),
(ii)is given to a child who is in need of it by reason of age, illness or disability, and
(iii)does not fall within paragraph (d).
(1C)In this Part of this Schedule —
“health care” includes all forms of health care provided for children, whether relating to physical or mental health and also includes palliative care for children and procedures that are similar to forms of medical or surgical care but are not provided for children in connection with a medical condition,
“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002.
(1D)Any reference in this Part of this Schedule to health care provided by, or under the direction or supervision of, a health care professional includes a reference to first aid provided to a child by any person acting on behalf of an organisation established for the purpose of providing first aid.”
(4)In paragraph 1(2)(c) (work activities at certain establishments to be regulated activity) for “any form of work (whether or not for gain)” substitute “ any work falling within sub-paragraph (2A) or (2B) ”.
(5)After paragraph 1(2) insert—
“(2A)Work falls within this sub-paragraph if it is any form of work for gain, other than any such work which—
(a)is undertaken in pursuance of a contract for the provision of occasional or temporary services, and
(b)is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)).
(2B)Work falls within this sub-paragraph if it is any form of work which is not for gain, other than—
(a)any such work which—
(i)is carried out on a temporary or occasional basis, and
(ii)is not an activity mentioned in paragraph 2(1) (disregarding paragraph 2(3A) and (3B)(b)), or
(b)any such work which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(2C)The reference in subsection (2B)(b) to day to day supervision is a reference to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.”
(6)Also in paragraph 1—
(a)in sub-paragraph (7) (meaning of “acting as a child minder”) for “section 79A of that Act” substitute “ section 19 of the Children and Families (Wales) Measure 2010 ”,
(b)omit sub-paragraph (8) (exercise of functions of certain persons to be regulated activity),
(c)in sub-paragraph (9) (exercise of functions of persons mentioned in paragraph 4(1) to be regulated activity) for “a person mentioned in paragraph 4(1)” substitute “ the Children's Commissioner for Wales or the deputy Children's Commissioner for Wales ”,
(d)in sub-paragraph (9B) (exercise of certain inspection etc. functions to be regulated activity)—
(i)omit paragraph (a),
(ii)in paragraph (b) for “section 79U(3) of the Children Act 1989” substitute “ section 41 or 42 of the Children and Families (Wales) Measure 2010 ”,
(iii)in paragraph (c) after “taken” insert “ in relation to Wales ” and for “that Act” substitute “ the Children Act 1989 ”,
(iv)in paragraph (d) after “inspection”, where it first appears, insert “ in Wales ”,
(v)in paragraph (e) after “taken” insert “ in relation to Wales ”,
(vi)in paragraph (f) omit “18B or”,
(vii)in paragraph (h), after “inspection”, where it first appears, insert “ in Wales ”,
(viii)in paragraph (m) omit “48 or”,
(ix)in paragraph (n) after “inspection” insert “ in Wales ”, and
(x)omit paragraphs (p) to (t),
(e)in sub-paragraph (10) (inspectors) omit paragraphs (a), (ba), (d) and (e),
(f)omit sub-paragraph (12A) (accessing certain databases to be regulated activity),
(g)omit sub-paragraph (13A) (exercise of certain functions of Care Quality Commission to be regulated activity),
(h)in sub-paragraph (14) (day to day management or supervision of a person carrying out regulated activity to be regulated activity) for “(8), (9C), (11) or (13A)” substitute “ (9A), (9C) or (11) ”, and
(i)after sub-paragraph (14) insert—
“(15)Any activity which consists in or involves on a regular basis the day to day management or supervision of a person who would be carrying out an activity mentioned in sub-paragraph (1) or (2) but for the exclusion for supervised activity in paragraph 2(3A) or (3B)(b) or sub-paragraph (2B)(b) above is a regulated activity relating to children.”
(7)In paragraph 2 (activities referred to in paragraph 1(1))—
(a)in sub-paragraph (1) omit paragraph (d) (treatment and therapy provided for a child),
(b)in sub-paragraph (2)—
(i)for “, (c) and (d)” substitute “ and (c) ”, and
(ii)omit paragraph (d), and
(c)after sub-paragraph (3) insert—
“(3A)Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3B)Sub-paragraph (1)(b)—
(a)does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and
(b)does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3C)The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
(3D)Sub-paragraph (1)(c) does not include any legal advice.”
(8)In paragraph 3(1) (list of establishments referred to in paragraph 1(2) and (9C)) omit paragraph (c).
(9)Omit paragraph 4 (list of persons referred to in paragraph 1(9)).
(10)In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “ or (c) ”.
Commencement Information
I1S. 64 in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(a) (with art. 4)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: