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”—

    1. a

      in relation to England, means—

      1. 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

      2. 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

    2. 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—

    1. a

      in relation to a public or local authority, includes the exercise of any functions of that authority; and

    2. 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.