The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 4) Order 2009

Statutory Instruments

2009 No. 1503 (C. 76)

Children And Young Persons, England And Wales

Children And Young Persons, Northern Ireland

Protection Of Vulnerable Adults, England And Wales

Protection Of Vulnerable Adults, Northern Ireland

The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 4) Order 2009

Made

17th June 2009

The Secretary of State makes the following Order in exercise of the powers conferred by sections 61(5) and 65 of the Safeguarding Vulnerable Groups Act 2006(1).

In accordance with section 56(3)(p) of that Act he has consulted the Welsh Ministers.

Citation and interpretation

1.—(1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 4) Order 2009.

(2) In this Order—

“the Act” means the Safeguarding Vulnerable Groups Act 2006;

“independent school” has the meaning given by section 463(2) of the Education Act 1996(3);

“non-maintained special school” has the meaning given by section 337(4) of the Education Act 1996.

Provisions coming into force on 22nd June 2009 for the purposes of making regulations

2.  22nd June 2009 is the appointed day for the coming into force of the following provisions of the Act for the purposes of making regulations:

(a)paragraph 14(1) and (4) of Schedule 9 (amendments);

(b)section 63(1) (amendments and repeals) insofar as it relates to the provisions set out in paragraph (a).

Further provisions coming into force on 22nd June 2009

3.—(1) 22nd June 2009 is the appointed day for the coming into force of section 50 of the Act (provision of information to supervisory authorities) for the purpose set out in paragraph (2).

(2) The purpose is the provision to Her Majesty’s Chief Inspector of Schools in England(5) of information relating to—

(a)non-maintained special schools in England, and

(b)independent schools in England.

David Hanson

Minister of State

Home Office

17th June 2009

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force section 63(1) of, and paragraph 14(1) and (4) of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47) (“the Act”), insofar as those provisions insert sections 113BA (suitability information relating to children) and 113BB (suitability information relating to vulnerable adults) into the Police Act 1997 (1997 c. 50). The Order further specifies that sections 113BA and 113BB are brought into force only for the purpose of making regulations under those sections.

The Order also brings into force section 50 of the Act (provision of information to supervisory authorities) but only insofar as it requires the Independent Barring Board established under section 1 of the Act to provide information relating to non-maintained special schools and independent schools in England to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (section 113(8) of the Education and Inspections Act 2006 (c. 40) abolished the office of Her Majesty’s Chief Inspector of Schools in England, but section 122 of that Act transferred the functions of that office to the office of Her Majesty’s Chief Inspector of Education, Children’s Services and Skills, established under that Act).

NOTE AS TO EARLIER COMMENCEMENT ORDERS

(This note is not part of the Order)

ProvisionDate of CommencementS.I. No.
section 1 in relation to England and Wales2nd January 20082007/3545 (C.153)
section 1 in relation to Northern Ireland31st March 20082008/930 (C.45)
sections 2(2) to (5) partially31st December 20072007/3545 (C.153)
section 2 partially11th February 20082007/3545 (C.153)
section 2(2), (3) and (4) partially19th May 20082008/1320 (C.57)
section 2 partially20th January 20092009/39 (C.3)
section 3(1), (2)(a) and (b)and (3)(b) partially19th May 20082008/1320 (C.57)
section 4(8)31st December 20072007/3545 (C.153)
section 4 in so far as not already in force19th May 20082008/1320 (C.57)
section 5(1) and (2) partially11th February 20082007/3545 (C.153)
section 5 partially19th May 20082008/1320 (C.57)
section 5 for in so far as not already in force20th January 20092009/39 (C.3)
section 6 partially11th February 20082007/3545 (C.153)
section 6(12) partially19th May 20082008/1320 (C.57)
section 6(1) to (11) partially20th January 20092009/31 (C.4)
section 11(2) partially19th May 20082008/1320 (C.57)
section 12 partially19th May 20082008/1320 (C.57)
section 13(1) and (5) partially19th May 20082008/1320 (C.57)
section 14(1), (2) and (3) partially19th May 20082008/1320 (C.57)
section 21 partially20th January 20092009/31 (C.3)
section 22(1) to (4), 5(a) and (b) and (6) partially20th January 20092009/31 (C.3)
section 23(3) partially20th January 20092009/31 (C.3)
section 24(1)(c) and (d), (8)(a) and (c), (10), (11) and (12)(d) partially19th May 20082008/1320 (C.57)
section 2519th May 20082008/1320 (C.57)
section 26(1) partially19th May 20082008/1320 (C.57)
section 2820th January 20092009/39 (C.3)
section 2920th January 20092009/39 (C.3)
section 30(7) and (8) partially19th May 20082008/1320 (C.57)
section 31(6) partially19th May 20082008/1320 (C.57)
section 32(10) partially19th May 20082008/1320 (C.57)
section 33(3) and (4)(b) partially19th May 20082008/1320 (C.57)
section 35(1) partially19th May 20082008/1320 (C.57)
section 36(1), (2) and (3) partially19th May 20082008/1320 (C.57)
section 37 partially11th February 20082007/3545 (C.153)
section 37(2) partially19th May 20082008/1320 (C.57)
section 37 in so far as not already in force20th January 20092009/31 (C.3)
section 38 partially11th February 20082007/3545 (C.153)
section 38 partially20th January 20092009/31 (C.3)
section 39(1) and (5) partially19th May 20082008/1320 (C.57)
section 40 partially11th February 20082007/3545 (C.153)
section 40(2) partially19th May 20082008/1320 (C.57)
section 40 in so far as not already in force20th January 20092009/31 (C.3)
section 41(1), (5) and (8) partially19th May 20082008/1320 (C.57)
section 41(7) partially20th January 20092009/31 (C.57
section 42 partially11th February 20082007/3545 (C.153)
section 42(2) partially19th May 20082008/1320 (C.57)
section 42 in so far as not already in force20th January 20092009/31 (C.3)
section 43(3) to (5) partially11th February 20082007/3545 (C.153)
section 43(7) partially19th May 20082008/1320 (C.57)
section 44(6) and (7) partially19th May 20082008/1320 (C.57)
section 45(1), (5) and (9) partially19th May 20082008/1320 (C.57)
section 45(7) partially20th January 20092009/31 (C.3)
section 46 partially11th February 20082007/3545 (C.153)
section 46(1)(a) and (2) partially19th May 20082008/1320 (C.57)
section 46 in so for as not already in force20th January 20092009/31 (C.3)
section 47(6) and (7) partially19th May 20082008/1320 (C.57)
section 47 partially20th January 20092009/31 (C.3)
section 48(6), (7) and (8) partially19th May 20082008/1320 (C.57)
section 49(6), (7) and (8) partially19th May 20082008/1320 (C.57)
section 50 partially11th February 20082007/3545 (C.153)
section 51 partially11th February 20082007/3545 (C.153)
section 53 partially11th February 20082007/3545 (C.153)
section 53 in so far as not already in force20th January 20092009/31 (C.3)
section 54(1) and (2) partially19th May 20982008/1320 (C.57)
section 5631st December 20072007/3545 (C.153)
section 57 partially11th February 20082007/3545 (C.153)
section 57 in so far as not already in force20th January 20092009/31 (C.3)
section 58 partially11th February 20082007/3545 (C.153)
section 58(6) partially19th May 20082008/1320 (C.57)
section 59 partially, in relation to England and Wales11th February 20082007/3545 (C.153)
section 59 partially, in relation to Northern Ireland31st March 20082008/930 (C.45)
section 60(1) partially, in relation to England and Wales31st December 20072007/3545 (C.153)
section 60(1) and (4) partially, in relation to England and Wales11th February 20082007/3545 (C.153)
section 60 partially, in relation to Northern Ireland31st March 20082008/930 (C.45)
section 61, in relation to England and Wales31st December 20072007/3545 (C.153)
section 61 partially, in relation to Northern Ireland31st March 20082008/930 (C.45)
section 62 partially31st December 20072007/3545 (C.153)
section 62 in so far as not already in force11th February 20082007/3545 (C.153)
section 63(1) partially19th May 20082008/1320 (C.57)
section 63(1) partially17th December 20082008/3204 (C.145)
section 63(1) partially20th January 20092009/31 (C.3)
section 6431st December 20072007/3545 (C.153)
section 6631st December 20072007/3545 (C.153)
section 6731st December 20072007/3545 (C.153)
Schedule 1 in relation to England and Wales2nd January 20082007/3545 (C.153)
Schedule 1 in relation to Northern Ireland31st March 20082008/930 (C.45)
Schedule 22nd January 20082007/3545 (C.153)
Schedule 3
Paragraphs 1(1), 2(1), 7(1) and 8(1) partially31st December 20072007/3545 (C.153)
Paragraphs 15, 18(3)(b) and (6) and 24(1), (2) and (9)31st December 20072007/3545 (C.153)
Paragraphs 1 to 14, 16, 17, 18(1), (2), (3)(a), (4) and (5), 19 to 23, 24(3) to (8) and 25 partially11th February 20082007/3545 (C.153)
Paragraphs 6(1)(b), (2) and (3), 12(1)(b), (2) and (3), 16(5), 19(1)(b) and 21 partially19th May 20082008/1320 (C.57)
Paragraphs 1 to 3, 4(1) to (4) and (6), 5, 7 to 9, 10(1) to (4) and (6), 11, 14 to 20, 22, 23, 24(3) to (7) and 25 in so far as not already in force20th January 20092009/31 (C.3)
Schedule 4
Schedule 4 partially11th February 20082007/3545 (C.153)
Schedule 4 partially19th May 20082008/1320 (C.57)
Paragraphs 2(1)(f), 6, 7(1)(f) and 9 partially19th May 20082008/1320 (C.57)
Schedule 5
Paragraphs 1(1), 2(1)(a), 3(1)(c) and (2), 4(1)(c) and (2), 5, 6(1)(c) and (2), 7(1)(c) and (2), 8, 9(1)(c) and (2), 10(1)(c) and (2) and 14 partially19th May 20082008/1320 (C.57)
Schedule 6
Paragraphs 2(1) and 5 partially19th May 20082008/1320 (C.57)
Schedule 7
Paragraphs 1 and 2 partially19th May 20082008/1320 (C.57)
Schedule 8
Paragraphs 2 to 4, partially31st December 20072007/3545 (C.153)
Paragraphs 1 to 511th February 20082007/3545 (C.153)
Schedule 9
Paragraphs 2, 5(1) and 6(1) partially17th December 20082008/3204 (C.145)
Paragraphs 5(2), (3) (6) and (7), 6(2), (3) and (6) and 7 in relation to England17th December 20082008/3204 (C.145)
Paragraphs 5(4) and 6(4)17th December 20082008/3204 (C.145)
Paragraphs 10 and 1519th May 20082008/1320 (C.57)
Paragraphs 5(2), (3), (6) and (7), 6(2), (3) and (6) and 7 in relation to England in so far as not already in force20th January 20092009/39 (C.3)
Paragraphs 2, 5(1) and 6(1) partially20th January 20092009/39 (C.3)
Paragraphs 5(4) and 6(4)20th January 20092009/39 (C.3)
(2)

Section 463 was substituted by section 172 of the Education Act 2002 (c. 32).

(4)

Section 337 together with section 337A were substituted for section 337 by section 142(1) of the Education and Skills Act 2008 (c. 25). Section 142(1) of that Act was not in force at the date of the making of this Order.

(5)

Section 45(7)(g) of the Safeguarding Vulnerable Groups Act 2006 refers to Her Majesty’s Chief Inspector of Schools in England. That office was abolished by section 113(8) of the Education and Inspections Act 2006 (c. 40) but the functions of that office were transferred to Her Majesty’s Chief Inspector of Education, Children’s Services and Skills by section 122 of that Act.