The Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025

This Order extends parts of the UK's Safeguarding Vulnerable Groups Act 2006 and Protection of Freedoms Act 2012 to Jersey.

Specifically, it mandates information sharing between Jersey authorities and the UK's Disclosure and Barring Service (DBS) to support barring decisions for individuals working with vulnerable adults or children.

The Order also amends the Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 to clarify the extent of Part 5 of Schedule 10 of the 2012 Act's applicability to Jersey.

Arguments For

  • Improved Child and Vulnerable Adult Protection: Extends UK legislation designed to protect vulnerable groups to Jersey, enhancing safeguarding measures.

  • Consistency with UK Standards: Aligns Jersey's regulations with UK best practices in barring individuals with concerning backgrounds from working with vulnerable populations.

  • Enhanced Information Sharing: Facilitates better information exchange between Jersey authorities and the UK's Disclosure and Barring Service (DBS), improving the effectiveness of barring decisions.

  • Legal Harmonization: Strengthens legal consistency between Jersey and the UK concerning the safeguarding of vulnerable individuals.

Arguments Against

  • Potential Administrative Burden: Implementation may require additional resources and training for Jersey authorities to comply with the new regulations.

  • Unintended Consequences: Modifications to existing Jersey legislation could have unforeseen impacts on other areas of law.

  • Data Privacy Concerns: Increased information sharing could raise concerns regarding data privacy and the protection of individuals' rights.

  • Duplication of Effort: Potential for overlap or inconsistencies with existing Jersey legislation related to background checks and barring individuals from certain professions.

Citation, commencement, interpretation and extent1.

(1)

This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Jersey) Order 2025 and comes into force on the day after the day on which it is registered by the Royal Court of Jersey.

(2)

In this Order—

the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;

the 2012 Act” means the Protection of Freedoms Act 2012;

Jersey” means the Bailiwick of Jersey.

(3)

This Order extends to Jersey.

Extension of provisions of the 2006 Act and the 2012 Act to Jersey2.

The following provisions extend to Jersey, 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.

Consequential amendment of the Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 20123.

(1)

The Police Act 1997 (Criminal Records) (Jersey) (Amendment) Order 2012 is amended as follows.

(2)

In article 4(5) (extension of Part 5 of Schedule 10 to the 2012 Act to Jersey), 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).

SCHEDULEModifications of provisions of the 2006 Act and the 2012 Act in their extension to Jersey

Article 2

(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 paragraphs have effect in England and Wales)”.

(5)

In sub-paragraph (4), for “appropriate police authority” substitute “States of Jersey Police”.

(6)

In sub-paragraph (7), in the definition of “caution”, after “(c. 50)” insert “and includes any equivalent caution lawfully given in Jersey”.

(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”.