Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021

Information-sharing with schools etc. N.I.

26—(1) The Department of Justice may by regulations make provision—

(a) enabling or requiring a relevant person to inform a designated person in relation to an education provider of an incident of domestic abuse concerning a child who is a pupil or a student of the education provider,

(b) for the purpose of or in connection with functions exercisable by a relevant person or a designated person accordingly.

(2) Here—

(a) a relevant person is a person of a description (or acting in a particular capacity) specified in regulations under this section,

(b) a designated person in relation to an education provider is a person of a description (or acting in a particular capacity) specified in regulations under this section,

(c) an education provider is—

(i) a school or a college,

(ii) a non-school body which provides pre-school education (or any facility or setting at which pre-school education is provided), or

(iii) any other body or facility which provides education or training of any kind (or any facility or setting at which education or training of any kind is provided),

(d) an incident is one whether alleged or proved,

(e) a child is a person under 18 years of age.

(3) A relevant person, as may be referred to in regulations under this section, must be a person who has functions of a public nature.

(4) Regulations under this section may include provision—

(a) describing what is to be regarded as an incident of domestic abuse concerning a child,

(b) concerning—

(i) pupils or students generally, or particular categories of pupil or student,

(ii) education providers generally, or particular categories of provider (or particular facilities or settings within different categories),

(c) stating who is to be regarded as a pupil or a student of an education provider,

(d) setting out circumstances in or reasons for which—

(i) a relevant person may or must give information to a designated person or a designated person may or must give information to a relevant person,

(ii) a different person (including of a description specified) may or must give information to a relevant person or a designated person,

(e) with respect to information—

(i) regulating or limiting the use or disclosure of information by a relevant person or a designated person,

(ii) specifying offences and penalties for unauthorised use or disclosure of information.

(5) Regulations under this section may include provision involving such further matters as the Department of Justice considers appropriate.

(6) Regulations under this section may include provision amending statutory provisions (as construed in accordance with section 1(f) of the Interpretation Act (Northern Ireland) 1954).

(7) Regulations under this section may not be made unless a draft of the regulations has been laid before and approved by a resolution of the Assembly.

Commencement Information

I1 S. 26 in operation at 21.2.2022 by S.R. 2022/57, art. 2(z)