The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025
The Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 extends specific provisions of the UK's Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Act 2012 to the Bailiwick of Guernsey.
Key changes include modifying information-sharing requirements between Guernsey's police force and the UK's Disclosure and Barring Service (DBS) to enhance barring decisions related to individuals working with vulnerable adults and children.
The order also amends the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 to reflect these changes.
Arguments For
Enhanced Child and Vulnerable Adult Protection: Extends UK legislation designed to safeguard vulnerable groups, improving protection in Guernsey.
Consistency with UK Standards: Aligns Guernsey's safeguarding practices with those in the UK, ensuring a more unified approach.
Improved Information Sharing: Facilitates information sharing between Guernsey authorities and the UK's Disclosure and Barring Service (DBS), aiding in barring decisions.
Legal Harmonization: Strengthens the legal framework for protecting vulnerable individuals in Guernsey, creating a more consistent legal environment.
Evidence-Based Approach: Based on the successful operation of similar legislation in the UK, providing a proven model for Guernsey.
Arguments Against
Implementation Challenges: Adapting UK legislation to the Guernsey context may present administrative and logistical difficulties.
Potential for Unintended Consequences: Changes to existing Guernsey laws could have unforeseen impacts on local processes and procedures.
Resource Implications: Implementing the changes might require additional resources from Guernsey authorities.
Overreach of UK Legislation: Some might argue that extending UK legislation to Guernsey represents an overreach of UK jurisdiction.
Alternative Approaches: It's possible that Guernsey could achieve similar outcomes through locally developed legislation tailored to its unique needs.
Citation, commencement, interpretation and extent 1.
(1)
This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Guernsey) Order 2025 and comes into force on the day after the day on which it is registered by the Royal Court of Guernsey.
(2)
In this Order—
“the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
“the 2012 Act” means the Protection of Freedoms Act 2012;
“Guernsey” means the Bailiwick of Guernsey.
(3)
This Order extends to Guernsey.
This section provides the official title of the Order, its effective date (the day after registration by the Royal Court of Guernsey), and defines key terms like 'the 2006 Act', 'the 2012 Act', and 'Guernsey'.
It also confirms the Order's geographical scope, which is limited to Guernsey.
Extension of provisions of the 2006 Act and the 2012 Act to Guernsey 2.
The following provisions extend to Guernsey, subject to the modifications set out in the Schedule to this Order —
(a)
paragraph 19 of Schedule 3 (barred lists: information) to the 2006 Act;
(b)
section 70(1) (information for purposes of making barring decisions) of the 2012 Act;
(c)
paragraph 129 of Schedule 9 (consequential amendments) to the 2012 Act;
(d)
Part 5 of Schedule 10 (safeguarding of vulnerable groups) to the 2012 Act, to the extent that it amends paragraph 19 of Schedule 3 to the 2006 Act.
This section outlines the specific parts of the 2006 and 2012 Acts being extended to Guernsey.
These provisions primarily relate to information sharing for barring individuals from working with vulnerable persons.
The modifications are detailed in the Schedule.
Consequential amendment of the Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 3.
(1)
The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012 is amended as follows.
(2)
In article 4(5) (extension of Part 5 of Schedule 10 to the 2012 Act to Guernsey), for “subject to the modifications specified in Schedule 4” substitute “to the extent that it repeals the following provisions of the Police Act 1997—
(a)
section 113BA(2)(b) to (d);
(b)
section 113BB(2)(b) to (d).”.
(3)
Omit Schedule 4 (modifications of Part 5 of Schedule 10 to the 2012 Act).
This section amends a previous order (the 2012 Order) to clarify the extent to which Part 5 of Schedule 10 of the 2012 Act applies to Guernsey.
It specifies that the extension only covers the repeal of certain sections of the 1997 Police Act, removing the need for Schedule 4 in the 2012 Order.
SCHEDULE
Modifications of provisions of the 2006 Act and the 2012 Act in their extension to Guernsey
Article 2
1.
(1)
Paragraph 19 of Schedule 3 (barred lists: information) to the 2006 Act is modified as follows.
(2)
In sub-paragraphs (1), (4), (5) (6) and (7), for “IBB”, wherever it appears, substitute “DBS”.
(3)
In sub-paragraph (1)(a), after “paragraphs 1 to 5 or 7 to 11” insert “(as those paragraphs have effect in England and Wales)”.
(4)
In sub-paragraph (1)(b), after “any of those paragraphs” insert “(as those provisions have effect in England and Wales)”.
(5)
In sub-paragraph (4), for “appropriate police authority” substitute “States of Guernsey Committee for Home Affairs”.
(6)
In sub-paragraph (7), in the definition of “caution”, after “(c. 50)” insert “and includes any equivalent caution lawfully given in any jurisdiction in Guernsey”.
(7)
After sub-paragraph (7A), insert—
(7B)
In this paragraph, references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.
(8)
Omit sub-paragraph (8).
2.
In paragraph 129(5) of Schedule 9 (consequential amendments) to the 2012 Act, in the substituted definition of “the relevant chief officer”, for “the Secretary of State” substitute “DBS”.
This Schedule details the specific modifications made to the provisions of the 2006 and 2012 Acts when extending them to Guernsey.
Key changes involve replacing references to 'IBB' with 'DBS' (Disclosure and Barring Service) and adapting wording to reflect Guernsey's authorities and legal context.
It also clarifies definitions and removes redundant subparagraphs.