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Version Superseded: 12/10/2009
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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 [F2paragraphs (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
F1Regs. 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.
F2Words 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)
F3Reg. 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)
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