2010 No. 1101 (C. 72)
The Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings (Amendment)) and (Commencement No. 7) Order 2010
Made
The Secretary of State for Children, Schools and Families makes the following Order in exercise of the powers conferred by sections 61(5), 64(1) and 65 of the Safeguarding Vulnerable Groups Act 20061.
In accordance with section 56(3)(p) of that Act the Secretary of State has consulted the Welsh Ministers.
PART 1Introduction
Citation1
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings (Amendment)) and (Commencement No. 7) Order 2010.
Commencement and interpretation2
1
Articles 6 to 11 come into force on the day after the day on which this Order is made.
2
In this Order—
“the Act” means the Safeguarding Vulnerable Groups Act 2006;
“the 2009 Order” means the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 20092;
“CJCSA” means the Criminal Justice and Court Services Act 20003;
“disqualification order” means an order made under section 28, 29 or 29A of CJCSA4;
“disqualified from working with children” means disqualified from working with children for the purposes of Part II of CJCSA;
“ISA” means the Independent Safeguarding Authority5;
“a regulated position” is one falling within section 36 of CJCSA.
PART 2Commencement
Provisions of the Safeguarding Vulnerable Groups Act 2006 coming into force on the day after the day on which this Order is made3
In so far as they are not already in force, the day after the day on which this Order is made is the day appointed for the coming into force of sections 21, 22 and 23(3) of the Act (controlled activity and responsible persons).
Partial commencement of section 50 of the Safeguarding Vulnerable Groups Act 20064
1
The day on which article 2 of the Safeguarding Vulnerable Groups Act 2006 (Supervisory Authorities and Devolution Alignment) Order 20106 comes into force is the day appointed for the coming into force of section 50 of the Act (provision of information to supervisory authorities) for the purpose specified in paragraph (2).
2
The purpose is the provision of information to the Secretary of State in the exercise of the Secretary of State’s functions under Chapter 1 of Part 10 of the Education Act 20027.
Further repeal of provisions of the Criminal Justice and Court Services Act 20005
1
The repeal of the remaining provisions of CJCSA by section 63(2) of, and Schedule 10 to, the Act shall come into force on the day after the day on which this Order is made for the purposes specified in paragraph (2).
2
Section 35 of CJCSA shall cease to have effect for the purpose of making it an offence for a person knowingly to—
a
offer work in a regulated position to,
b
procure work in such a position for, or
c
fail to remove from a regulated position
a person falling within paragraph (3).
3
A person (“P”) falls within this paragraph if P is disqualified from working with children only by reason of a disqualification order falling within paragraph (4) and P—
a
is or has at any time been barred from regulated activity relating to children by virtue of section 3(2) of the Act, or
b
has been included in the children’s barred list pursuant to article 2(2)(a) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 20088, but is removed from that list by the ISA in accordance with article 2(4) of that Order.
4
A disqualification order falls within this paragraph if—
a
P was subject to the disqualification order immediately before ISA included P in the children’s barred list, and
b
at that time ISA was aware that P was subject to the disqualification order.
5
In paragraph (1) “the remaining provisions of CJCSA” means the provisions of that Act mentioned in Schedule 10 to the Act other than those referred to in the Schedule to the 2009 Order.
PART 3Amendment of the Safeguarding Vulnerable Groups Act 2006 (Commencement No. 6, Transitional Provisions and Savings) Order 2009
6
The 2009 Order is amended in accordance with articles 7 to 11.
Amendment of article 1 of the 2009 Order (interpretation)7
At the appropriate place in paragraph (2) of article 1 of the 2009 Order insert—
“disqualified from working with children” means disqualified from working with children for the purposes of Part II of CJCSA;
“First-tier Tribunal” means the tribunal established under section 3(1) of the Tribunals, Courts and Enforcement Act 20079
Amendment of article 5 of the 2009 Order (transitional provisions and savings: Protection of Children Act 1999)8
1
Article 5 of the 2009 Order is amended in accordance with this article.
2
At the end of paragraph (5)(a) insert—
and—
i
there is no outstanding appeal relating to P’s removal from the list, and
ii
the period of time during which any appeal relating to the removal of P from the list may be made has expired
3
For paragraph (5)(b) substitute—
b
P is included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order and—
i
ISA is not required under paragraph (2)(b) of article 2 of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where ISA is required under that paragraph to give P the opportunity to make such representations, it decides under that article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies—
aa
there is no outstanding review of, or outstanding determination relating to, P’s inclusion in the list kept under section 1 of POCA,
bb
there is no outstanding appeal relating to P’s inclusion in that list, and
cc
the period of time during which any appeal relating to P’s inclusion in that list may be made has expired;
4
After paragraph (5) insert—
5A
Where P has been included in the children’s barred list in accordance with article 2(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 1 or 2 of Schedule 3 to the Act (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.
5
After paragraph (7) insert—
8
For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Secretary of State for the purposes of determining whether P should be removed from the list pursuant to section 1(3) of POCA and “outstanding determination” means an application being considered by the First-tier Tribunal under section 4A of that Act.
Amendment of article 6 of the 2009 Order (transitional and savings provisions: Care Standards Act 2000)9
1
Article 6 of the 2009 Order is amended in accordance with this article.
2
At the end of paragraph (5)(a) insert—
and—
i
there is no outstanding appeal relating to P’s removal from the list, and
ii
the period of time during which any appeal relating to the removal of P from the list may be made has expired
3
For paragraph (5)(b) substitute—
b
P is included in the adults’ barred list pursuant to article 4(2)(a) of the 2008 Order and—
i
ISA is not required under paragraph (2)(b) of article 4 of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where ISA is required under that paragraph to give P the opportunity to make such representations, it decides under that article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies—
aa
there is no outstanding review of, or outstanding determination relating to, P’s inclusion in the list kept under section 81 of CSA,
bb
there is no outstanding appeal relating to P’s inclusion in that list, and
cc
the period of time during which any appeal relating to P’s inclusion in that list may be made has expired;
4
After paragraph (5) insert—
5A
Where P has been included in the adults’ barred list in accordance with article 4(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 7 or 8 of Schedule 3 to the Act (prescribed criteria for automatic inclusion in the adults’ barred list) applies to P.
5
After paragraph (7) insert—
8
For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Secretary of State for the purposes of determining whether P should be removed from the list pursuant to section 81(3) of CSA and “outstanding determination” means an application being considered by the First-tier Tribunal under section 87 of that Act.
Amendment of article 7 of the 2009 Order (transitional and savings provisions: Education Act 2002)10
1
Article 7 of the 2009 Order is amended in accordance with this article.
2
At the end of paragraph (4)(a) insert—
and—
i
there is no outstanding appeal relating to the revocation of the direction, and
ii
the period of time during which any appeal relating to the revocation of the direction may be made has expired
3
For paragraph (4)(b) substitute—
b
P is included in the children’s barred list pursuant to article 2(2)(a) of the 2008 Order and—
i
ISA is not required under paragraph (2)(b) of article 2 of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where ISA is required under that paragraph to give P the opportunity to make such representations, it decides under that article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies—
aa
there is no outstanding review of, or outstanding determination relating to, a direction to which P is subject,
bb
there is no outstanding appeal relating to a direction made in relation to P, and
cc
the period of time during which any appeal relating to a direction made in relation to P may be made has expired;
4
After paragraph (4) insert—
4A
Where P has been included in the children’s barred list in accordance with article 2(2)(a) of the 2008 Order and where paragraph (4)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 1 or 2 of Schedule 3 to the Act (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.
5
After paragraph (6) insert—
7
For the purposes of paragraph (4)(b)(iii)(aa), “outstanding review” means a review being carried out for the purposes of determining whether a direction made in relation to P should be varied or revoked under section 142(6) of EA 2002 and “outstanding determination” means an application being considered by the First-tier Tribunal under section 144(2) of that Act.
Minor amendments of the 2009 Order (article 3 and the Schedule to that Order)11
1
In article 3(4)(b) of the 2009 Order, for “paragraph” substitute “article”.
2
In column 2 of the Schedule to the 2009 Order—
a
in the entry that corresponds to the reference in column 1 to “Section 22”, for “to 37” subsitute “, 36”;
b
in the entry that corresponds with the reference in column 1 to “Schedule 10”, for “CJSA” substitute “CJCSA”.
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.I.No. |
---|---|---|
section 1 in relation to England and Wales | 2nd January 2008 | |
section 1 in relation to Northern Ireland | 31st March 2008 | |
sections 2(2) to (5) partially | 31st December 2007 | |
section 2 partially | 11th February 2008 | |
section 2(2), (3) and (4) partially | 19th May 2008 | |
section 2 partially | 20th January 2009 | |
section 2 in so far as not already in force | 12th October 2009 | |
section 3(1), (2)(a) and (b)and (3)(b) partially | 19th May 2008 | |
section 3 in so far as not already in force | 12th October 2009 | |
section 4(8) | 31st December 2007 | |
section 4 in so far as not already in force | 19th May 2008 | |
section 5(1) and (2) partially | 11th February 2008 | |
section 5(3) and (4) partially | 19th May 2008 | |
section 5 in so far as not already in force | 20th January 2009 | |
section 6 partially | 11th February 2008 | |
section 6(12) partially | 19th May 2008 | |
section 6 partially | 20th January 2009 | |
section 6 in so far as not already in force | 12th October 2009 | |
section 7 | 12th October 2009 | |
section 9 | 12th October 2009 | |
section 11(2) partially | 19th May 2008 | |
section 12 partially | 19th May 2008 | |
section 13(1) and (5) partially | 19th May 2008 | |
section 14(1), (2) and (3) partially | 19th May 2008 | |
section 18 partially | 12th October 2009 | |
section 19(2), (5) and (10) | 12th October 2009 | |
section 19(8) partially | 12th October 2009 | |
section 21 partially | 20th January 2009 | |
section 21 partially | 12th October 2009 | |
section 22(1) to (4), (5)(a) and (b) and (6) partially | 20th January | |
section 22 partially | 12th October 2009 | |
Section 23(1) and (2) | 12th October 2009 | |
section 23(3) partially | 20th January 2009 | |
section 23(3) partially | 12th October 2009 | |
section 24(1)(c) and (d), (8)(a) and (c), (10), (11) and (12)(d) partially | 19th May 2008 | |
section 25 | 19th May 2008 | |
section 26(1) partially | 19th May 2008 | |
section 28 | 20th January 2009 | |
section 29 | 20th January 2009 | |
section 30(7) and (8) partially | 19th May 2008 | |
section 31(6) partially | 19th May 2008 | |
section 32(10) partially | 19th May 2008 | |
section 33(3) and (4)(b) partially | 19th May 2008 | |
section 35(1) partially | 19th May 2008 | |
section 35 in so far as not already in force | 12th October 2009 | |
section 36(1), (2) and (3) partially | 19th May 2008 | |
section 36 in so far as not already in force | 12th October 2009 | |
section 37 partially | 11th February 2008 | |
section 37(2) partially | 19th May 2008 | |
section 37 in so far as not already in force | 20th January 2009 | |
section 38 partially | 11th February 2008 | |
section 38 partially | 20th January 2009 | |
section 38 in so far as not already in force | 12th October 2009 | |
section 39(1) and (5) partially | 19th May 2008 | |
section 39 in so far as not already in force | 12th October 2009 | |
section 40 partially | 11th February 2008 | |
section 40(2) partially | 19th May 2008 | |
section 40 in so far as not already in force | 20th January 2009 | |
section 41(1), (5) and (8) partially | 19th May 2008 | |
section 41(7) partially | 20th January 2009 | |
section 41 in so far as not already in force | 12th October 2009 | |
section 42 partially | 11th February 2008 | |
section 42(2) partially | 19th May 2008 | |
section 42 in so far as not already in force | 20th January 2009 | |
section 43(3) to (5) partially | 11th February 2008 | |
section 43(7) partially | 19th May 2008 | |
section 44(6) and (7) partially | 19th May 2008 | |
section 45(1), (5) and (9) partially | 19th May 2008 | |
section 45(7) partially | 20th February 2009 | |
section 45 in so far as not already in force | 12th October 2009 | |
section 46 partially | 11th February 2008 | |
section 46(1)(a) and (2) partially | 19th May 2008 | |
section 46 in so far as not already in force | 20th January 2009 | |
section 47(6) and (7) partially | 19th May 2008 | |
section 48(6), (7) and (8) partially | 19th May 2008 | |
section 49(6), (7) and (8) partially | 19th May 2008 | |
section 50 partially | 11th February 2008 | |
section 50 partially | 22nd June 2009 | |
section 51 partially | 11th February 2008 | |
section 51 in so far as not already in force | 12th October 2009 | |
section 52 | 12th October 2009 | |
section 53 partially | 11th February 2008 | |
section 53 in so far as not already in force | 20th January 2009 | |
section 54(1) and (2) partially | 19th May 2008 | |
section 54 in so far as not already in force | 12th October 2009 | |
section 56 | 31st December 2007 | |
section 57 partially | 11th February 2008 | |
section 57 in so far as not already in force | 20th January 2009 | |
section 58 partially | 11th February 2008 | |
section 58(6) partially | 19th May 2008 | |
Section 58 in so far as not already in force | 12th October 2009 | |
section 59 partially, in relation to England and Wales | 11th February 2008 | |
section 59 partially, in relation to Northern Ireland | 31st March 2008 | |
section 59 in so far as not already in force | 12th October 2009 | |
section 60(1) partially, in relation to England and Wales | 31st December 2007 | |
section 60(1) and (4) partially, in relation to England and Wales | 11th February 2008 | |
section 60 partially, in relation to Northern Ireland | 31st March 2008 | |
section 60 in so far as not already in force | 12th October 2009 | |
section 61, in relation to England and Wales | 31st December 2007 | |
section 61 partially, in relation to Northern Ireland | 31st March 2008 | |
section 61 in so far as not already in force | 12th October 2009 | |
section 62 partially | 31st December 2007 | |
section 62 in so far as not already in force | 11th February 2008 | |
section 63(1) partially | 19th May 2008 | |
section 63(1) partially | 17th December 2008 | |
section 63(1) partially | 20th January 2009 | |
section 63(1) partially | 22nd June 2009 | |
section 63 partially | 12th October 2009 | |
section 63 partially | 12th October 2009 | |
section 64 | 31st December 2007 | |
section 66 | 31st December 2007 | |
section 67 | 31st December 2007 | |
Schedule 1 in relation to England and Wales | 2nd January 2008 | |
Schedule 1 in relation to Northern Ireland | 31st March 2008 | |
Schedule 2 | 2nd January 2008 | |
Schedule 3 | ||
Paragraphs 1(1), 2(1), 7(1) and 8(1) partially | 31st December 2007 | |
Paragraphs 15, 18(3)(b) and (6) and 24(1), (2) and (9) | 31st December 2007 | |
Paragraphs 1 to 14, 16, 17, 18(1), (2), (3)(a), (4) and (5), 19 to 23, 24(3) to (8) and 25 partially | 11th February 2008 | |
Paragraphs 6(1)(b), (2) and (3), 12(1)(b), (2) and (3), 16(5), 19(1)(b) and 21 partially | 19th May 2008 | |
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 force | 20th January 2009 | |
Paragraphs 4(5), 6, 10(5), 12, 13 and 21(a) in so far as not already in force | 12th October 2009 | |
Schedule 4 | ||
Schedule 4 partially | 11th February 2008 | |
Schedule 4 partially | 19th May 2008 | |
Paragraphs 2(1)(f), 6, 7(1)(f) and 9 partially | 19th May 2008 | |
Schedule 4 | 20th January 2009 | |
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 partially | 19th May 2008 | |
Schedule 6 | ||
Paragraphs 2(1) and 5 partially | 19th May 2008 | |
Schedule 7 | ||
Paragraphs 1 and 2 partially | 19th May 2008 | |
Schedule 8 | ||
Paragraphs 2 to 4 partially | 31st December 2007 | |
Paragraphs 1 to 5 | 11th February 2008 | |
Schedule 9 | ||
Paragraphs 2, 5(1) and 6(1) partially | 17th December 2008 | |
Paragraphs 5(2), (3) (6) and (7), 6(2), (3) and (6) and 7 in relation to England | 17th December 2008 | |
Paragraphs 5(4) and 6(4) | 17th December 2008 | |
Paragraphs 10 and 15 | 19th May 2008 | |
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 force | 20th January 2009 | |
Paragraphs 2, 5(1) and 6(1) partially | 20th January 2009 | |
Paragraphs 5(4) and 6(4) | 20th January 2009 | |
Paragraphs 14(1) and (4) partially | 22nd June 2009 | |
Paragraph 14, in relation to England and Wales | 12th October 2009 | |
Paragraph 14 in relation to Northern Ireland | 12th October 2009 | |
Paragraphs 2 and 5 to 7 in so far as they are not already in force | 12th October 2009 | |
Paragraphs 1, 3, 4, 8, 9, 11 to 13 and 16 | 12th October 2009 | |
Schedule 10 partially | 12th October 2009 | |
Schedule 10 partially | 12th October 2009 |