Safeguarding Vulnerable Groups Act 2006

Positions E+W

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

(a) member of [F1 or clerk to] the governing body of an educational establishment mentioned in section 8(5);

[F2 (aa) person appointed by the governing body of a maintained school to serve on a committee established by that body;

(ab) chief executive of a local authority that has any education functions or social services functions;]

(b) member of a relevant local government body;

(c) director of children's services of a local authority in England;

(d) director of adult social services of a local authority in England;

(e) director of social services of a local authority in Wales;

(f) chief education officer of a local authority in Wales;

(g) charity trustee of a children's charity;

(h) member of the Youth Justice Board for England and Wales;

(i) Children's Commissioner or deputy Children's Commissioner appointed under Part 1 of the Children Act 2004 (c. 31);

(j) Children's Commissioner for Wales or deputy Children's Commissioner for Wales;

(k) operator of a database established in pursuance of section 12(1)(a) or (b) or 29(1)(a) or (b) of the Children Act 2004;

(l) member of a Local Safeguarding Children Board established under section 13 or 31 of that Act;

(m) member or chief executive of the Children and Family Court Advisory and Support Service;

(n) a deputy appointed in respect of a child under section 16(2)(b) of the Mental Capacity Act 2005 (c. 9);

(o) member, chief executive or member of staff of [F3 ISA].

[F4 (p) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to children;

(q) a person appointed under section 27(1)(a) of the Children Act 2004 as the lead director for children and young people’s services (Wales);]

[F5 (1A) For the purposes of sub-paragraph (1)(a), a person is a clerk to the governing body of an educational establishment mentioned in section 8(5) if—

(a) the person is appointed in accordance with regulations under section 23 of the Education Act 2002 as a clerk to the governing body of a maintained school, or

(b) the person is appointed in relation to the governing body of any other educational establishment mentioned in section 8(5) and has functions similar to those of a person falling within paragraph (a).

(1B) For the purposes of sub-paragraph (1)(p) 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.]

(2) For the purposes of sub-paragraph (1)(b), a person is a member of a relevant local government body if—

(a) he is a member of a local authority and discharges any education functions, or social services functions, of a local authority;

(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.

(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 children's charity if the individuals who are workers for the charity normally include individuals engaging in regulated activity relating to children.

(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) For the purposes of sub-paragraph (1)(k), a person is the operator of a database if he—

(a) establishes or maintains the database, or

(b) otherwise, exercises any function in relation to the management or control of the database.

(7) 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);

• “education functions”, in relation to a local authority, means any functions with respect to education which are conferred on the authority in its capacity as a local education authority;

• “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);

• [F6 “maintained school” has the same meaning as in section 39 of the Education Act

• 2002;]

• “social services functions”, in relation to a local authority, has the same meaning as in the Local Authority Social Services Act 1970 (c. 42).

Textual Amendments

F1 Words in Sch. 4 para. 4(1)(a) 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), 26(2)

F2 Sch. 4 para. 4(1)(aa)(ab) 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), 26(3)

F3 Words in Sch. 4 para. 4 substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss 81(2)(3)(m)(v), 116(5)(a)

F4 Sch. 4 para. 4(1)(p)-(r) 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), 26(4)

F5 Sch. 4 para. 4(1A)(1B) 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), 26(5)

F6 Words in Sch. 4 para. 4(7) 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), 26(6)

Commencement Information

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

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

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

5 E+W A person who is part of a group in relation to which another (P) engages in regulated activity relating to children 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 paragraph, would amount to engaging in regulated activity relating to children.

Commencement Information

I4 Sch. 4 para. 5 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)

I5 Sch. 4 para. 5 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)

I6 Sch. 4 para. 5 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)