Amendments of the Safeguarding Vulnerable Groups Act 200619
1
The Safeguarding Vulnerable Groups Act 200631 is amended as follows.
2
In section 6 (regulated activity providers)32, in subsection (4)(b), for “arises under section 11 of the Care Standards Act 2000 (c. 14)”, substitute—
arises—
i
in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii
in relation to Wales, under section 11 of the Care Standards Act 2000.
3
In section 16 (exception to requirement to make monitoring check), in subsection (4), after paragraph (e) insert—
f
the activity is carried out in connection with an activity in respect of which a requirement to register arises under section 10 of the Health and Social Care Act 2008.
4
In section 21 (controlled activity relating to children)33—
a
in subsection (8)—
i
in paragraph (b), omit the word “or” at the end of the paragraph, and
ii
after paragraph (c) insert—
, or
d
as an activity in respect of which a requirement to register arises under section 10 of the Health and Social Care Act 2008.
b
in subsection (10), after paragraph (g) insert—
h
for, or on behalf of, a person in respect of whom a requirement to register in respect of any activity arises under section 10 of the Health and Social Care Act 2008.
5
In section 22 (controlled activity relating to vulnerable adults)—
a
in subsection (6)—
i
in the definition of “adult placement scheme”, in paragraph (b), for “arises under section 11 of the Care Standards Act 2000 (c. 14)” substitute—
arises—
i
in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii
in relation to Wales, under section 11 of the Care Standards Act 2000;
ii
in the definition of “hospital services”—
aa
in paragraph (e), omit “(within the meaning of section 2 of the Care Standards Act 2000)”,
bb
for paragraph (f) substitute—
f
in Wales, an independent clinic (within the meaning of section 2 of the Care Standards Act 2000);
cc
in paragraph (g) omit “(within the meaning of that section)”,
iii
after the definition of “hospital services” insert—
“independent hospital”—
- a
in relation to England, means—
- i
a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or
- ii
any other establishment in which any of the services listed in subsection (7) are provided and which is not a health service hospital as so defined; and
- b
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
“independent medical agency” means an undertaking (not being an independent hospital, or in Wales an independent clinic) which consists of or includes the provision of services by medical practitioners;
iv
after the definition of “primary care services” insert—
“undertaking” includes any business or profession and—
- a
in relation to a public or local authority, includes the exercise of any functions of that authority; and
- b
in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.
b
after subsection (6) add—
7
The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows—
a
medical treatment under anaesthesia or intravenously administered sedation;
b
dental treatment under general anaesthesia;
c
obstetric services and, in connection with childbirth, medical services;
d
termination of pregnancies;
e
cosmetic surgery, other than—
i
ear and body piercing;
ii
tattooing;
iii
the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or
iv
the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.
6
In Schedule 7 (vetting information), in paragraph 6, in sub-paragraph (b), for “arises under section 11 of the Care Standards Act 2000 (c. 14) substitute—
arises—
i
in relation to England, under section 10 of the Health and Social Care Act 2008, or
ii
in relation to Wales, under section 11 of the Care Standards Act 2000.