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Safeguarding Vulnerable Groups Act 2006
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Changes over time for: Cross Heading: Activities
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Changes to legislation:
Safeguarding Vulnerable Groups Act 2006, Cross Heading: Activities is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6(8A) (8B) inserted by 2008 c. 14 Sch. 14 para. 8
- s. 6(8A) word omitted by S.I. 2016/413 reg. 253(a)(i) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
- s. 6(8A) words inserted by S.I. 2016/413 reg. 253(a)(ii) (This amendment comes into force on the day that the amendment to s. 6 of the Safeguarding Vulnerable Groups Act 2006 (c. 47) made by para. 8 of Sch. 14 to the Health and Social Care Act 2008 (c. 14) comes into force)
- s. 13(1A) inserted by 2009 c. 26 s. 82(2) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 13(3A) inserted by 2009 c. 26 s. 82(4) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 13(6) inserted by 2009 c. 26 s. 82(6) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 13(11) substituted by 2009 c. 26 s. 82(7) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 30(2)(aa) (ab) inserted by 2009 c. 26 s. 85(2)(b) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 30(6A) (6B) inserted by 2009 c. 26 s. 85(6) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 30A 30B substituted for s. 30-32 by 2012 c. 9 s. 72(1)
- s. 32(3)(aa) inserted by 2009 c. 26 s. 86(2)(b) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 33(3A)-(3D) inserted by 2012 c. 9 s. 72(2)(c)
- s. 34A-34C inserted by 2009 c. 26 s. 87(2) (This amendment not applied to legislation.gov.uk. Ss. 82-87 repealed (10.9.2012) without ever being in force by 2012 c. 9, s. 120, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb))
- s. 34ZA inserted by 2012 c. 9 s. 73
- s. 41(4A)-(4C) inserted by S.I. 2009/1182 Sch. 5 para. 9(2)(a) (This amendment not applied to legislation.gov.uk. It comes into force on the coming into force of s. 44(1) of the Safeguarding Vulnerable Groups Act 2006 (c. 47). S. 44(1) was repealed without ever being in force on 10.9.2012 by 2012 c. 9, s. 75(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2)
- s. 48(2A) inserted by 2012 c. 9 s. 76(3)(c)
- s. 49(2A) inserted by 2012 c. 9 s. 76(4)(c)
- s. 56(3)(fa) inserted by 2012 c. 9 Sch. 9 para. 68(4)(b)
- Sch. 3 para. 5A inserted by 2012 c. 9 s. 74(1)
- Sch. 3 para. 11A inserted by 2012 c. 9 s. 74(3)
- Sch. 4 para. 1(9B)(ia) inserted by 2022 asc 1 Sch. 4 para. 21(2)
ActivitiesE+W
2(1)The activities referred to in paragraph 1(1) are—E+W
(a)any form of teaching, training or instruction of children, unless the teaching, training or instruction is merely incidental to teaching, training or instruction of persons who are not children;
(b)any form of care for or supervision of children, unless the care or supervision is merely incidental to care for or supervision of persons who are not children;
(c)any form of advice or guidance provided wholly or mainly for children, if the advice or guidance relates to their physical, emotional or educational well-being;
F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children;
(f)driving a vehicle which is being used only for the purpose of conveying children and any person supervising or caring for the children pursuant to arrangements made in prescribed circumstances.
(2)Sub-paragraph (1)(a), (b) [F2and (c)] do not include—
(a)teaching, training or instruction provided to a child in the course of his employment;
(b)care for or supervision of a child in the course of his employment;
(c)advice or guidance provided for a child in the course of his employment;
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Sub-paragraph (2) does not apply if—
(a)the child has not attained the age of 16, and
(b)the activity is carried out by a person in respect of whom arrangements exist principally for that purpose.
[F4(3A)Sub-paragraph (1)(a) does not include any form of teaching, training or instruction of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3B)Sub-paragraph (1)(b)—
(a)does not include any health care provided otherwise than by (or under the direction or supervision of) a health care professional, and
(b)does not, except in the case of relevant personal care or of health care provided by (or under the direction or supervision of) a health care professional, include any form of care for or supervision of children which is, on a regular basis, subject to the day to day supervision of another person who is engaging in regulated activity relating to children.
(3C)The references in subsections (3A) and (3B)(b) to day to day supervision are references to such day to day supervision as is reasonable in all the circumstances for the purpose of protecting any children concerned.
(3D)Sub-paragraph (1)(c) does not include any legal advice.]
(4)For the purposes of sub-paragraph (1)(e) a person moderates a public electronic interactive communication service if, for the purpose of protecting children, he has any function relating to—
(a)monitoring the content of matter which forms any part of the service,
(b)removing matter from, or preventing the addition of matter to, the service, or
(c)controlling access to, or use of, the service.
(5)But a person does not moderate a public electronic interactive communications service as mentioned in sub-paragraph (4)(b) or (c) unless he has—
(a)access to the content of the matter;
(b)contact with users of the service.
(6)In sub-paragraph (2) employment includes any form of work which is carried out under the supervision or control of another, whether or not the person carrying it out is paid for doing so.
Textual Amendments
F1Sch. 4 para. 2(1)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(a), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
F2Words in Sch. 4 para. 2(2) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(b)(i), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
F3Sch. 4 para. 2(2)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(b)(ii), 120, Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(a)(bb) (with art. 4)
F4Sch. 4 para. 2(3A)-(3D) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), ss. 64(7)(c), 120 (with s. 97); S.I. 2012/2234, art. 2(a) (with art. 4)
Commencement Information
I1Sch. 4 para. 2 in force at 11.2.2008 for specified purposes by S.I. 2007/3545, art. 4(b)
I2Sch. 4 para. 2 in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 2(a)
I3Sch. 4 para. 2 in force at 20.1.2009 in so far as not already in force by S.I. 2009/39, art. 2(1)(b)
I4Sch. 4 para. 2(1)(f) in force at 19.5.2008 for specified purposes by S.I. 2008/1320, art. 4(w)
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