Exceptions
Exception to requirement to make monitoring check20
1
Regulated activity falls within this Article if it is carried out for the purposes of or in connection with any of the following—
a
an establishment for the detention of persons in lawful custody (within the meaning of Article 3(7));
b
a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;
c
a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;
d
the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;
e
welfare services of a prescribed description;
f
dealing with payments by a person appointed to receive them as mentioned in Article 3(10)(c).
2
Activity does not fall within this Article if the individual engaging in the activity is a prison officer acting in the course of his duty.
3
In paragraph (2) “prison officer” includes a prisoner custody officer within the meaning of section 122 of the Criminal Justice and Public Order Act 1994 (c. 33).
4
Activity does not fall within this Article by virtue of paragraph (1)(b) if—
a
the activity is carried out by or for an F1HSC body
b
the activity is carried out by or in an establishment in relation to which a requirement to register arises under Article 12 of the 2003 Order;
c
the activity is carried out by an agency in relation to which such a requirement arises.
5
In this Article “welfare services”—
a
includes services which provide support, assistance, advice or counselling to individuals with particular needs;
6
Sub-paragraphs (b), (c), (d) and (e) of paragraph (1) cease to have effect on the relevant day.
7
The relevant day is—
a
the last day of the period of three years starting on the day any provision of this Article is brought into force, or
b
such later day as the Secretary of State specifies by order.
8
A date specified under paragraph (7)(b) must be not more than three years after—
a
the relevant day as mentioned in paragraph (7)(a), or
b
the last day specified in respect of the sub-paragraph concerned under paragraph (7)(b).
9
The Secretary of State may by order amend or omit any sub-paragraph of paragraph (1).
HSS employment21
1
A regulated activity provider falls within this Article if—
a
he permits a person (E) to engage in regulated activity,
b
immediately before the permission takes effect E is engaged in relevant HSS employment,
c
for the duration of the permission E continues to be engaged in that relevant HSS employment, and
d
the regulated activity is also relevant HSS employment.