New disclosure and barring services
Updated definition of regulated activity for adults.
The government committed to scaling back the Vetting and Barring Scheme and the criminal records regime to common sense levels. To achieve this the Home Office set up a cross government programme to develop the Protection of Freedoms Bill, which received royal assent in May 2012.
This means that from 10 September 2012, the definition of regulated activity in relation to safeguarding adults has changed.
The department has published guidance which provides information on the scope of regulated activity in relation to adults, as defined in the Safeguarding Vulnerable Groups Act 2006 (SVGA) which has been amended by the Protection of Freedoms Act 2012 (PoFA).
Whilst the Protection of Freedoms Act 2012 contains most of the changes to regulated activity, some of the changes were made by secondary legislation. These are cointained in the relevant statutory instruments included below.
- The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations 2012 (SI 2012/2112)
- The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order 2012 (SI 2012/2113)
Regulated activities are the activities that the Disclosure and Barring Service can bar people from doing. It is a criminal offence for a barred person to seek to work, or work in, activities from which they are barred. It is also a criminal offence for employers or voluntary organisations to knowingly employ a barred person in regulated activity.
Regulated Activity (adults) sets out the scope of the barring regime for adults from 10 September 2012. For people who work in these roles the Disclosure and Barring Service can provide an Enhanced Criminal Records Certificate with information about whether the individual is barred from working in regulated activity.
For information about the scope of regulated activity for children please see the DBS guidance leaflets.