The Act Commentary on Sections Part 5: Safeguarding vulnerable groups, criminal records etc. Section 68: Abolition of controlled activity
290.Section 68 repeals sections 21 and 22 of the SVGA which define ‘controlled activity’ relating to children and vulnerable adults; it also repeals section 23 of the SVGA which enables regulations to be made governing the steps that employers must take when considering allowing a person to engage in a controlled activity. Under the SVGA ‘controlled activity’ consists of specified types of activities that are ancillary in nature to work that falls within regulated activity. A person barred from engaging in regulated activity may do work that is a controlled activity. Regulations made under section 23 of the SVGA require an employer to check if a person is barred from regulated activity before permitting them to engage in a controlled activity. The purpose of this is to ensure that employers are able to assess if the individual in question is suitable for the controlled activity position and, if so, whether any safeguards need to be put in place. This section abolishes the concept of ‘controlled activity’.