Search Legislation

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Status:

Point in time view as at 12/11/2009.

Changes to legislation:

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Regulated activity providers is up to date with all changes known to be in force on or before 30 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Regulated activity providersN.I.

Regulated activity providersN.I.

10.—(1) A reference to a regulated activity provider must be construed in accordance with this Article.

(2) A person (P) is a regulated activity provider if—

(a)he is responsible for the management or control of regulated activity,

(b)if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and

(c)he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity.

(3) A person (P) is also a regulated activity provider if Article 55(4) (fostering) so provides.

(4) A person (P) is also a regulated activity provider if he carries on a scheme—

(a)under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and

(b)in respect of which a requirement to register arises under Article 12 of the 2003 Order.

(5) P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.

(6) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.

(7) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—

(a)a member of P's family;

(b)a friend of P.

(8) A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—

(a)to a position mentioned in paragraph 4(1)(a), (b), (e), (g), (h) or (i) or 8(1)(a) or (d) of Schedule 2,

(b)as a controller under Article 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4);

(c)as member or chief executive of [F1ISA];

(d)to any position mentioned in sub-paragraph (a) or (c) of Article 3(10) or to exercise any function mentioned in that paragraph.

(9) For the purposes of paragraph (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.

(10) If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Order must be taken to be a requirement on or liability of—

(a)the person responsible for the management and control of the association, or

(b)if there is more than one such person, all of them jointly and severally.

(11) “Family” and “friend” must be construed in accordance with Article 4.

(12) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.

Textual Amendments

F1Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

Commencement Information

I1Art. 10 wholly in operation; art. 10 not in operation at date of making see art. 1(3); art. 10 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(d); art. 10(12) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(c); art. 10 in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(2)(a); art. 10 in operation at 12.10.2009 insofar as not already in operation by S.R. 2009/346, art. 3, Sch.

Back to top

Options/Help