UK Act of Parliament 2006 United Kingdom

Safeguarding Vulnerable Groups Act 2006

An Act to make provision in connection with the protection of children and vulnerable adults.

Enforced by
Ofsted, CIW, CQC, DBS
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 4 of 24 obligations carry imprisonment (5 years). 2 carry different penalties and 18 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person5 Distributor3 Director or Officer1

Plus 15 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Distributor — also bound by 182 other Acts
Director or Officer — also bound by 429 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.002 Barred lists (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must maintain barred lists and record prescribed informationStatutory regulator
s.007 Barred person not to engage in regulated activity (opens in a new tab) Imprisonment
  • Allow barred person to engage in regulated activityAny Person
s.009 Use of barred person for regulated activity (opens in a new tab) Imprisonment
  • Permit a barred person to carry out regulated activityAny Person
s.018 Offences: companies &c. (opens in a new tab) Imprisonment
  • Liability for safeguarding offence via director consent or neglectDirector or Officer
s.019 Offences: other persons (opens in a new tab) Imprisonment
  • Supply a barred individual for regulated activityAny Person
s.033 Cessation of registration (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must cancel monitoring registrations upon request or specific triggersStatutory regulator
s.034 Declarations under sections 30 and 32 (opens in a new tab) Prosecution
  • Make false declaration in safeguarding applicationAny Person

Unlimited fine

s.036 Personnel suppliers: duty to refer (opens in a new tab) Regulated
  • Refer workers who pose a safeguarding risk to the DBSDistributor
s.037 Regulated activity providers: duty to provide information on request &c. (opens in a new tab) Regulated
  • Provide information to the DBS upon requestDistributor
s.038 Duty to provide information: offences (opens in a new tab) Prosecution
  • Fail to provide required DBS informationAny Person

Unlimited fine

s.040 Local authorities: duty to provide information on request (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide information to the DBS upon requestLocal authority
s.042 Registers: duty to provide information on request (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must request information from professional registers during barring reviewsStatutory regulator
s.046 Supervisory authorities: duty to provide information on request (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • DBS must be provided with information by supervisory authorities on requestStatutory regulator
56 other provisions — procedural and definitional
s.024 Monitoring: power to prescribe additional fees
s.050 Provision of information to the police etc.
Schedules

Schedules

11 of 92 shown
s.sch001 (1) ISA must keep its accounts in such form as... Regulated
Other duties (1) — Crown / regulator
  • ISA must keep and prepare annual accounts in the form set by the Secretary of StateStatutory regulator
s.sch003 (1) DBS must not include a person in the adults'... Regulated
Other duties (1) — Crown / regulator
  • DBS must not bar on grounds already decided by Scottish authoritiesStatutory regulator
s.sch003 (1) DBS must ensure that in respect of any information... Regulated
Other duties (1) — Crown / regulator
  • DBS must assess all new information for barring decisionsStatutory regulator
s.sch003 When an individual is included in a barred list DBS... Regulated
Other duties (1) — Crown / regulator
  • DBS must notify individuals when added to a barred listStatutory regulator
s.sch003 (1) A person who is included in a barred list... Regulated
Other duties (1) — Crown / regulator
  • DBS must review barred list inclusions upon application and remove if no longer appropriateStatutory regulator
s.sch003 DBS must provide the Secretary of State with the prescribed... Regulated
Other duties (1) — Crown / regulator
  • DBS must notify Secretary of State about barred individualsStatutory regulator
s.sch003 DBS must inform the Scottish Ministers if a person is... Regulated
Other duties (1) — Crown / regulator
  • DBS must inform Scottish Ministers when a person is barredStatutory regulator
s.sch003 (1) DBS must not include a person in the children's... Regulated
Other duties (1) — Crown / regulator
  • DBS must not bar a person already considered by a Scottish authority on the same groundStatutory regulator
s.sch004 (1) The Secretary of State must give guidance for the... Regulated
  • Consider guidance on supervision when deciding if someone is in regulated activity with childrenDistributor
s.sch008 DBS must provide the Secretary of State with such advice... Regulated
Other duties (1) — Crown / regulator
  • DBS must provide advice to the Secretary of State on barring decisionsStatutory regulator
s.sch008 An order under paragraph 2 or 3 may— Regulated
Other duties (1) — Crown / regulator
  • Orders creating criminal offences under paragraphs 2 or 3 must cap penalties at level 5Crown / Minister / Government department
81 other schedules
s.sch001 (1) ISA shall consist of— (a) a chairman;
s.sch001 The Secretary of State may direct ISA to submit a...
s.sch001 The Secretary of State may make payments to ISA of...
s.sch001 (1) ISA is not to be regarded—
s.sch001 (1) If ISA thinks— (a) that action taken by or...
s.sch001 (1) In connection with the exercise of any of its...
s.sch001 A document purporting to be signed on behalf of ISA...
s.sch001 (1) The chairman and members hold and must vacate office...
s.sch001 (1) ISA must pay to the chairman and each of...
s.sch001 (1) ISA shall have— (a) a chief executive;
s.sch001 (1) ISA must pay to its employees such remuneration and...
s.sch001 (1) ISA may to such extent as it may determine...
s.sch001 ISA may to such extent as it may determine delegate...
s.sch001 A core function is— (a) determining whether it is appropriate...
s.sch001 (1) As soon as possible after the end of each...
s.sch002 (1) The Secretary of State may make a scheme (a...
s.sch002 (1) The Secretary of State may make a scheme (a...
s.sch002 A staff transfer scheme, or property transfer scheme, may make...
s.sch003 (1) This paragraph applies to a person if any of...
s.sch003 (1) For the purposes of paragraph 9 relevant conduct is—...
s.sch003 (1) This paragraph applies to a person if—
s.sch003 (1) The Secretary of State may, by regulations, make provision...
s.sch003 (1) A person who is, by virtue of any provision...
s.sch003 (1) This paragraph applies to a person who is included...
s.sch003 (1) Sub-paragraph (2) applies if a person's inclusion in a...
s.sch003 (1) DBS may require— (a) any person who holds records...
s.sch003 (1) This paragraph applies to a person if any of...
s.sch003 (1) The Secretary of State may provide to DBS any...
s.sch003 DBS may provide the Scottish Ministers with such information as...
s.sch003 DBS may, at the request of the Welsh Ministers, provide...
s.sch003 (1) The criteria which may be prescribed for the purposes...
s.sch003 (1) A court by or before which a person is...
s.sch003 (1) This paragraph applies to a person if—
s.sch003 (1) For the purposes of paragraph 3 relevant conduct is—...
s.sch003 (1) This paragraph applies to a person if—
s.sch003 (1) This paragraph applies to a person if any of...
s.sch003 (1) This paragraph applies to a person if any of...
s.sch003 (1) This paragraph applies to a person if—
s.sch004 (1) An activity is a regulated activity relating to children...
s.sch004 (1) The period condition is satisfied if the person carrying...
s.sch004 (1) The activities referred to in paragraph 1(1) are—
s.sch004 (1) The establishments referred to in paragraph 1(2) and (9C)...
s.sch004 A person who is part of a group in relation...
s.sch004 The Secretary of State may, by order, provide that in...
s.sch004 (1) Each of the following is a regulated activity relating...
s.sch004 The Secretary of State may, by order, provide that in...
s.sch007 This is the table referred to in sections 30A and...
s.sch007 The Secretary of State may by order amend this Schedule....
s.sch007 (1) In entries 1 and 5 in the table the...
s.sch007 Parental responsibility has the same meaning as in the Children...
s.sch007 A regulated activity provider is an independent regulated activity provider...
s.sch007 An adult placement scheme is a scheme—
s.sch007 An adult placement service, in relation to Wales, has the...
s.sch008 (1) This paragraph applies to a person who is—
s.sch008 (1) This paragraph applies to a person who is included...
s.sch009 In Schedule 9A to the Children Act 1989 (child minding...
s.sch009 (1) In section 75(3) of the Childcare Act 2006 (disqualification...
s.sch009 (1) The Police Pensions Act 1976 is amended as follows....
s.sch009 In section 68 of the Children Act 1989 (persons disqualified...
s.sch009 (1) Section 97 of the Police Act 1996 (police officers...
s.sch009 (1) The Police Act 1997 is amended as follows.
s.sch009 (1) The Data Protection Act 1998 is amended as follows....
s.sch009 In section 58 of the Care Standards Act 2000, after...
s.sch009 The Teaching and Higher Education Act 1998 is amended as...
s.sch009 Section 2(4) (advisory functions of General Teaching Council) is omitted....
s.sch009 In section 3(3) (eligibility for registration), after paragraph (a) insert—...
s.sch009 (1) Section 15 (supply of information following dismissal etc) is...
s.sch009 (1) Section 15A (supply of information by contractor, agency, etc)...
s.sch009 In paragraph 1(4) of Schedule 2 (disciplinary powers of Council),...
s.sch009 (1) The Protection of Children Act 1999 is amended as...
s.sch009 Sections 80 to 89 and 91 to 93 of the...

Help complying

Guvnor’s practical routes through this instrument.

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9 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.