The Police Act 1997 (Criminal Records) Regulations 2002

[F1 Vulnerable Adult E+W

5B.— (1) The reference to a vulnerable adult in regulation 5A(b) above is a reference to a person who is receiving services of a type listed in paragraph (2) below and who, in consequence of a condition of a type listed in paragraph (3) below, has a disability of a type listed in paragraph (4) below.

(2) The services are—

(a) accommodation and nursing or personal care in a care home;

(b) personal care or nursing or support to live independently in his own home;

(c) any services provided by an independent hospital, independent clinic, independent medical agency or National Health Service body;

(d) social care services, or

(e) any services provided in an establishment catering for a person with learning difficulties.

(3) The conditions are—

(a) a learning or physical disability;

(b) a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs, or

(c) a reduction in physical or mental capacity.

(4) The disabilities are—

(a) a dependency on others in the performance of, or a requirement for assistance in the performance of, basic physical functions;

(b) severe impairment in the ability to communicate with others, or

(c) impairment in a person’s ability to protect himself from assault, abuse or neglect.

(5) In [F2 paragraphs (1) to (4) above] “care home”, “independent clinic”, “independent hospital”, “independent medical agency” and “National Health Service body” all have the same meaning as in the Care Standards Act 2000.

[F3 (6) The references to vulnerable adults in regulation 5(ba) above are references to persons aged 18 or over who have one or more conditions of the following types, namely—

(a) a substantial learning or physical disability;

(b) a physical or mental illness or mental disorder, chronic or otherwise, including an addiction to alcohol or drugs; or

(c) a significant reduction in physical or mental capacity.]]

Textual Amendments

F1 Regs. 5A-5C inserted (6.4.2006) by The Police Act 1997 (Criminal Records) (Amendment) Regulations 2006 (S.I. 2006/748), regs. 1(1), 2(b), Sch.

F2 Words in reg. 5B(5) substituted (1.9.2006) by The Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2006 (S.I. 2006/2181), regs. 1(2), 2(d)

F3 Reg. 5B(6) inserted (1.9.2006) by The Police Act 1997 (Criminal Records) (Amendment No.2) Regulations 2006 (S.I. 2006/2181), regs. 1(2), 2(e)