(3) The Secretary of State must not make the order or issue the code unless
the draft of the order is so approved.

(4) The Secretary of State must prepare another code of practice under
section 47AA if—

(a) 5the draft of the order is not so approved, and

(b) the Secretary of State considers that there is no realistic prospect
that it will be so approved.

(5) A code comes into force in accordance with an order under this section.

47AC Alteration or replacement of code

(1) 10The Secretary of State—

(a) must keep the search powers code under review, and

(b) may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code, the Secretary of
State must consult the Lord Advocate and such other persons as the
15Secretary of State considers appropriate.

(3) Section 47AB (other than subsection (4)) applies to an alteration or a
replacement code prepared under this section as it applies to a code
prepared under section 47AA.

(4) In this section “the search powers code” means the code of practice
20issued under section 47AB(2) (as altered or replaced from time to time).

47AD Publication of code

(1) The Secretary of State must publish the code (and any replacement
code) issued under section 47AB(2).

(2) The Secretary of State must publish—

(a) 25any alteration issued under section 47AB(2), or

(b) the code or replacement code as altered by it.

47AE Effect of code

(1) A constable must have regard to the search powers code when
exercising any powers to which the code relates.

(2) 30A failure on the part of a constable to act in accordance with any
provision of the search powers code does not of itself make that person
liable to criminal or civil proceedings.

(3) The search powers code is admissible in evidence in any such
proceedings.

(4) 35A court or tribunal may, in particular, take into account a failure by a
constable to have regard to the search powers code in determining a
question in any such proceedings.

(5) The references in this section to a constable include, in relation to any
functions exercisable by a person by virtue of paragraph 15 of Schedule
404 to the Police Reform Act 2002 or paragraph 16 of Schedule 2A to the
Police (Northern Ireland) Act 2003 (search powers in specified areas or
places for community support officers), references to that person.

(6) In this section “the search powers code” means the code of practice
issued under section 47AB(2) (as altered or replaced from time to
time).”

Stop and search powers: Northern Ireland

63 5Stop and search powers in relation to Northern Ireland

Schedule 6 (which makes amendments relating to stop and search powers in
Northern Ireland) has effect.

Part 5 Safeguarding vulnerable groups, criminal records etc.

CHAPTER 1 10Safeguarding of vulnerable groups

Restrictions on scope of regulation: England and Wales

64 Restriction of scope of regulated activities: children

(1) Parts 1 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
(regulated activity relating to children and the period condition) are amended
15as follows.

(2) In paragraph 1(1)(b) (frequency and period condition for regulated activity), at
the beginning, insert “except in the case of activities falling within sub-
paragraph (1A),”.

(3) After paragraph 1(1) insert—

“(1A) 20The following activities fall within this sub-paragraph—

(a) relevant personal care, and

(b) health care provided by, or under the direction or
supervision of, a health care professional.

(1B) In this Part of this Schedule “relevant personal care” means—

(a) 25physical assistance which is given to a child who is in need of
it by reason of illness or disability and is given in connection
with eating or drinking (including the administration of
parenteral nutrition),

(b) physical assistance which is given to a child who is in need of
30it by reason of age, illness or disability and is given in
connection with—

(i) toileting (including in relation to the process of
menstruation),

(ii) washing or bathing, or

(iii) 35dressing,

(c) the prompting (together with supervision) of a child, who is
in need of it by reason of illness or disability, in relation to the
performance of the activity of eating or drinking where the

child is unable to make a decision in relation to performing
such an activity without such prompting and supervision,

(d) the prompting (together with supervision) of a child, who is
in need of it by reason of age, illness or disability, in relation
5to the performance of any of the activities listed in paragraph
(b)(i) to (iii) where the child is unable to make a decision in
relation to performing such an activity without such
prompting and supervision,

(e) any form of training, instruction, advice or guidance which—

(i) 10relates to the performance of the activity of eating or
drinking,

(ii) is given to a child who is in need of it by reason of
illness or disability, and

(iii) does not fall within paragraph (c), or

(f) 15any form of training, instruction, advice or guidance which—

(i) relates to the performance of any of the activities
listed in paragraph (b)(i) to (iii),

(ii) is given to a child who is in need of it by reason of age,
illness or disability, and

(iii) 20does not fall within paragraph (d).

(1C) In this Part of this Schedule —

• “health care” includes all forms of health care provided for
  children, whether relating to physical or mental health and
  also includes palliative care for children and procedures that
  25are similar to forms of medical or surgical care but are not
  provided for children in connection with a medical condition,

• “health care professional” means a person who is a member of
  a profession regulated by a body mentioned in section 25(3)
  of the National Health Service Reform and Health Care
  30Professions Act 2002.

(1D) Any reference in this Part of this Schedule to health care provided by,
or under the direction or supervision of, a health care professional
includes a reference to first aid provided to a child by any person
acting on behalf of an organisation established for the purpose of
35providing first aid.”

(4) In paragraph 1(2)(c) (work activities at certain establishments to be regulated
activity) for “any form of work (whether or not for gain)” substitute “any work
falling within sub-paragraph (2A) or (2B)”.

(5) After paragraph 1(2) insert—

“(2A) 40Work falls within this sub-paragraph if it is any form of work for
gain, other than any such work which—

(a) is undertaken in pursuance of a contract for the provision of
occasional or temporary services, and

(b) is not an activity mentioned in paragraph 2(1) (disregarding
45paragraph 2(3A) and (3B)(b)).

(2B) Work falls within this sub-paragraph if it is any form of work which
is not for gain, other than—

(a) any such work which—

(i) is carried out on a temporary or occasional basis, and

(ii) is not an activity mentioned in paragraph 2(1)
(disregarding paragraph 2(3A) and (3B)(b)), or

(b) any such work which is, on a regular basis, subject to the day
to day supervision of another person who is engaging in
5regulated activity relating to children.

(2C) The reference in subsection (2B)(b) to day to day supervision is a
reference to such day to day supervision as is reasonable in all the
circumstances for the purpose of protecting any children
concerned.”

(6) 10Also in paragraph 1—

(a) in sub-paragraph (7) (meaning of “acting as a child minder”) for
“section 79A of that Act” substitute “section 19 of the Children and
Families (Wales) Measure 2010”,

(b) omit sub-paragraph (8) (exercise of functions of certain persons to be
15regulated activity),

(c) in sub-paragraph (9) (exercise of functions of persons mentioned in
paragraph 4(1) to be regulated activity) for “a person mentioned in
paragraph 4(1)” substitute “the Children’s Commissioner for Wales or
the deputy Children’s Commissioner for Wales”,

(d) 20in sub-paragraph (9B) (exercise of certain inspection etc. functions to be
regulated activity)—

(i) omit paragraph (a),

(ii) in paragraph (b) for “section 79U(3) of the Children Act 1989”
substitute “section 41 or 42 of the Children and Families (Wales)
25Measure 2010”,

(iii) in paragraph (c) after “taken” insert “in relation to Wales” and
for “that Act” substitute “the Children Act 1989”,

(iv) in paragraph (d) after “inspection”, where it first appears, insert
“in Wales”,

(v) 30in paragraph (e) after “taken” insert “in relation to Wales”,

(vi) in paragraph (f) omit “18B or”,

(vii) in paragraph (h), after “inspection”, where it first appears, insert
“in Wales”,

(viii) in paragraph (m) omit “48 or”,

(ix) 35in paragraph (n) after “inspection” insert “in Wales”, and

(x) omit paragraphs (p) to (t),

(e) in sub-paragraph (10) (inspectors) omit paragraphs (a), (ba), (d) and (e),

(f) omit sub-paragraph (12A) (accessing certain databases to be regulated
activity),

(g) 40omit sub-paragraph (13A) (exercise of certain functions of Care Quality
Commission to be regulated activity),

(h) in sub-paragraph (14) (day to day management or supervision of a
person carrying out regulated activity to be regulated activity) for “(8),
(9C), (11) or (13A)” substitute “(9A), (9C) or (11)”, and

(i) 45after sub-paragraph (14) insert—

“(15) Any activity which consists in or involves on a regular basis
the day to day management or supervision of a person who
would be carrying out an activity mentioned in sub-
paragraph (1) or (2) but for the exclusion for supervised

activity in paragraph 2(3A) or (3B)(b) or sub-paragraph
(2B)(b) above is a regulated activity relating to children.”

(7) In paragraph 2 (activities referred to in paragraph 1(1))—

(a) in sub-paragraph (1) omit paragraph (d) (treatment and therapy
5provided for a child),

(b) in sub-paragraph (2)—

(i) for “, (c) and (d)” substitute “and (c)”, and

(ii) omit paragraph (d), and

(c) after sub-paragraph (3) insert—

“(3A) 10Sub-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) 15does 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
20or 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) 25The 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.”

(8) 30In paragraph 3(1) (list of establishments referred to in paragraph 1(2) and (9C))
omit paragraph (c).

(9) Omit paragraph 4 (list of persons referred to in paragraph 1(9)).

(10) In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “or (c)”.

65 Restriction of definition of vulnerable adults

(1) 35Omit section 59 of the Safeguarding Vulnerable Groups Act 2006 (definition of
vulnerable adults).

(2) In section 60(1) of that Act (interpretation of Act)—

(a) after “In this Act—” insert—

• ““adult” means a person who has attained the age of 18;”,
  40and”

(b) in the definition of “vulnerable adult”, for the words “must be
construed in accordance with section 59” substitute “means any adult
to whom an activity which is a regulated activity relating to vulnerable
adults by virtue of any paragraph of paragraph 7(1) of Schedule 4 is
45provided”.

66 Restriction of scope of regulated activities: vulnerable adults

(1) Parts 2 and 3 of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006
(regulated activity relating to vulnerable adults and the period condition) are
amended as follows.

(2) 5For paragraph 7(1) to (3) (main activities which are regulated activity)
substitute—

“(1) Each of the following is a regulated activity relating to vulnerable
adults—

(a) the provision to an adult of health care by, or under the
10direction or supervision of, a health care professional,

(b) the provision to an adult of relevant personal care,

(c) the provision by a social care worker of relevant social work
to an adult who is a client or potential client,

(d) the provision of assistance in relation to general household
15matters to an adult who is in need of it by reason of age,
illness or disability,

(e) any relevant assistance in the conduct of an adult’s own
affairs,

(f) the conveying by persons of a prescribed description in such
20circumstances as may be prescribed of adults who need to be
conveyed by reason of age, illness or disability,

(g) such activities—

(i) involving, or connected with, the provision of health
care or relevant personal care to adults, and

(ii) 25not falling within any of the above paragraphs,

as are of a prescribed description.

(2) Health care includes all forms of health care provided for
individuals, whether relating to physical or mental health and also
includes palliative care and procedures that are similar to forms of
30medical or surgical care but are not provided in connection with a
medical condition.

(3) A health care professional is a person who is a member of a
profession regulated by a body mentioned in section 25(3) of the
National Health Service Reform and Health Care Professions Act
352002.

(3A) Any reference in this Part of this Schedule to health care provided by,
or under the direction or supervision of, a health care professional
includes a reference to first aid provided to an adult by any person
acting on behalf of an organisation established for the purpose of
40providing first aid.

(3B) Relevant personal care means—

(a) physical assistance, given to a person who is in need of it by
reason of age, illness or disability, in connection with—

(i) eating or drinking (including the administration of
45parenteral nutrition),

(ii) toileting (including in relation to the process of
menstruation),

(iii) washing or bathing,

(iv) dressing,

(v) oral care, or

(vi) the care of skin, hair or nails,

(b) the prompting, together with supervision, of a person who is
5in need of it by reason of age, illness or disability in relation
to the performance of any of the activities listed in paragraph
(a) where the person is unable to make a decision in relation
to performing such an activity without such prompting and
supervision, or

(c) 10any form of training, instruction, advice or guidance which—

(i) relates to the performance of any of the activities
listed in paragraph (a),

(ii) is given to a person who is in need of it by reason of
age, illness or disability, and

(iii) 15does not fall within paragraph (b).

(3C) Relevant social work has the meaning given by section 55(4) of the
Care Standards Act 2000 and social care worker means a person who
is a social care worker by virtue of section 55(2)(a) of that Act.

(3D) Assistance in relation to general household matters is day to day
20assistance in relation to the running of the household of the person
concerned where the assistance is the carrying out of one or more of
the following activities on behalf of that person—

(a) managing the person’s cash,

(b) paying the person’s bills,

(c) 25shopping.

(3E) Relevant assistance in the conduct of a person’s own affairs is
anything done on behalf of the person by virtue of—

(a) a lasting power of attorney created in respect of the person in
accordance with section 9 of the Mental Capacity Act 2005,

(b) 30an enduring power of attorney (within the meaning of
Schedule 4 to that Act) in respect of the person which is—

(i) registered in accordance with that Schedule, or

(ii) the subject of an application to be so registered,

(c) an order made under section 16 of that Act by the Court of
35Protection in relation to the making of decisions on the
person’s behalf,

(d) the appointment of an independent mental health advocate
or (as the case may be) an independent mental capacity
advocate in respect of the person in pursuance of
40arrangements under section 130A of the Mental Health Act
1983 or section 35 of the Mental Capacity Act 2005,

(e) the provision of independent advocacy services (within the
meaning of section 248 of the National Health Service Act
2006 or section 187 of the National Health Service (Wales) Act
452006) in respect of the person, or

(f) the appointment of a representative to receive payments on
behalf of the person in pursuance of regulations made under
the Social Security Administration Act 1992.”

(3) Omit paragraph 7(4) (certain activities in care homes to be regulated activity).

(4) In paragraph 7(5) (day to day management or supervision of certain activities
to be regulated activity) omit “or (4)”.

(5) In paragraph 7(7)(f) (inspection functions) omit “English local authority social
services or”.

(6) 5Omit paragraph 7(8A) (certain functions of Care Quality Commission to be
regulated activity).

(7) In paragraph 7(9) (functions of certain persons to be regulated activity) for “a
person mentioned in paragraph 8(1)” substitute “the Commissioner for older
people in Wales or the deputy Commissioner for older people in Wales”.

(8) 10Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions
are to be regulated activity).

(9) In paragraph 10(2) (the period condition)—

(a) omit “or 7(1)(a), (b), (c), (d) or (g)”, and

(b) in paragraph (b), omit “or vulnerable adults (as the case may be)”.

67 15Alteration of test for barring decisions

(1) For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 3 to the
Safeguarding Vulnerable Groups Act 2006 (automatic inclusion of person to
whom paragraph applies in children’s barred list) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph
20might apply to a person, the Secretary of State must refer the matter
to ISA.

(3) If (whether or not on a reference under sub-paragraph (2)) ISA is
satisfied that this paragraph applies to a person, it must include the
person in the children’s barred list.”

(2) 25For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Act
(inclusion of person to whom paragraph applies in children’s barred list with
right to make representation afterwards) substitute—

“(2) If the Secretary of State has reason to believe that—

(a) this paragraph might apply to a person, and

(b) 30the person is or has been, or might in future be, engaged in
regulated activity relating to children,

the Secretary of State must refer the matter to ISA.

(3) Sub-paragraph (4) applies if (whether or not on a reference under
sub-paragraph (2)) it appears to ISA that—

(a) 35this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in
regulated activity relating to children.

(4) ISA must give the person the opportunity to make representations as
to why the person should not be included in the children’s barred
40list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of
any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of
paragraph 16(2).

(6) If ISA—

(a) is satisfied that this paragraph applies to the person, and

(b) 5has reason to believe that the person is or has been, or might
in future be, engaged in regulated activity relating to
children,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before
10the end of any time prescribed for the purpose.

(8) If ISA—

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might
in future be, engaged in regulated activity relating to
15children, and

(c) is satisfied that it is appropriate to include the person in the
children’s barred list,

it must include the person in the list.”

(3) In paragraph 3 of that Schedule to that Act (inclusion in children’s barred list
20on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,”
substitute “—

(i) has (at any time) engaged in relevant conduct,
and

(ii) 25is or has been, or might in future be, engaged
in regulated activity relating to children,”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and” at
the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has been,
30or might in future be, engaged in regulated activity
relating to children,”, and

(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(4) In paragraph 5 of that Schedule to that Act (inclusion in children’s barred list
because of risk of harm)—

(a) 35in sub-paragraph (1)(a) for “falls within sub-paragraph (4)” substitute
“—

“(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be, engaged
in regulated activity relating to children”,

(b) 40in sub-paragraph (3), after paragraph (a) (and before the word “and” at
the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has been,
or might in future be, engaged in regulated activity
relating to children,”, and

(c) 45in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(5) For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Act
(automatic inclusion of person to whom paragraph applies in adults’ barred

list) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph
might apply to a person, the Secretary of State must refer the matter
to ISA.

(3) 5If (whether or not on a reference under sub-paragraph (2)) ISA is
satisfied that this paragraph applies to a person, it must include the
person in the adults’ barred list.”

(6) For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Act
(inclusion of person to whom paragraph applies in adults’ barred list with
10right to make representation afterwards) substitute—

“(2) If the Secretary of State has reason to believe that—

(a) this paragraph might apply to a person, and

(b) the person is or has been, or might in future be, engaged in
regulated activity relating to vulnerable adults,

15the Secretary of State must refer the matter to ISA.

(3) Sub-paragraph (4) applies if (whether or not on a reference under
sub-paragraph (2)) it appears to ISA that—

(a) this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in
20regulated activity relating to vulnerable adults.

(4) ISA must give the person the opportunity to make representations as
to why the person should not be included in the adults’ barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of
25any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of
paragraph 16(2).

(6) If ISA—

(a) is satisfied that this paragraph applies to the person, and

(b) 30has reason to believe that the person is or has been, or might
in future be, engaged in regulated activity relating to
vulnerable adults,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations before
35the end of any time prescribed for the purpose.

(8) If ISA—

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or might
in future be, engaged in regulated activity relating to
40vulnerable adults, and

(c) is satisfied that it is appropriate to include the person in the
adults’ barred list,

it must include the person in the list.”

(7) In paragraph 9 of that Schedule to that Act (inclusion in adults’ barred list on
45behaviour grounds)—