Amendments3.

(1)

In regulation 2(1) insert—

(a)

after the definition of “the 2005 Act” —
““the 2006 Act” means the Safeguarding Vulnerable Groups Act 20063;”;

(b)

for the definition of “enhanced criminal record certificate”, substitute—
“enhanced criminal record certificate” means an enhanced criminal record certificate issued under section 113B(1)4 of the 1997 Act which includes, in such cases as are from time to time prescribed under section 113BA(1) of that Act, suitability information relating to children or vulnerable adults, and any relevant up-date information where such a certificate is subject to up-date arrangements;”;

(c)

after the definition of “enhanced criminal record certificate” insert—
““interim prohibition order” has the meaning given in section 141C(7) of the 2002 Act5;”;

(d)

after the definition of “National Minimum Standards” insert—
““prohibition order” has the meaning given in section 141B(4)6 of the 2002 Act;”;

(e)

after the definition of “proprietor” insert—
““relevant up-date information” means up-date information within the meaning given in section 116A(8)(b)(i)7 or 116A(8)(c)(i) of the 1997 Act;
“suitability information relating to children” has the meaning given in section 113BA (2)8 of the 1997 Act;
“suitability information relating to vulnerable adults” has the meaning given in section 113BB(2)9of the 1997 Act;

“up-date arrangements” has the meaning given in section 116A(3) of the 1997 Act;”.

(2)

For regulation 2(2) substitute—

“(2)

For the purposes of these Regulations, an “enhanced criminal record check” is made if—

(a)

an application for an enhanced criminal record certificate is made under section 113B(1) of the 1997 Act and the application is countersigned by a registered person (as defined in section 120(1) of that Act) or on behalf of that person; or

(b)

where an enhanced criminal record certificate has been obtained under section 113B(1) of the 1997 Act and is subject to up-date arrangements, relevant up-date information is obtained.”.

(3)

At the end of regulation 2(4)(b) delete the word “and”.

(4)

For regulation 2(4)(c) substitute—

“(c)

is not barred from regulated activity relating to children, to vulnerable adults or to both under section 3 of the 2006 Act, where that person is or will be engaging in activity which is regulated activity within the meaning of Part 1 of Schedule 4 to that Act; and

(d)

is not subject to a prohibition order or an interim prohibition order.”.

(5)

After regulation 2(4) insert—

“(5)

For the purposes of paragraphs 4(3), 5(2)(a)(ii) and 7(3)(a) of Part 1 of the Schedule, an enhanced criminal record check is only relevant where a person or an individual is or will be engaging in—

(a)

regulated activity within the meaning of Part 1 of Schedule 4 to the 2006 Act; or

(b)

regulated activity relating to children or vulnerable adults within the meaning of Part 1 of Schedule 4 to the 2006 Act, as it had effect immediately before the coming into force of section 64 of the Protection of Freedoms Act 201210.”.