The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Yn ddilys o 29/05/2008

PART I N.I. DEFAULT POSITION

1.—(1) A regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period— N.I.

(a) he obtains relevant information relating to B in pursuance of an application under Article 32, or

(b) he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to the regulated activity provider.

(2) “Relevant information” means—

(a) in relation to regulated activity relating to children, relevant information relating to children (within the meaning of Article 33);

(b) in relation to regulated activity relating to vulnerable adults, relevant information relating to vulnerable adults (within the meaning of Article 33).

Commencement Information

I1 Sch. 3 para. 1 partly in operation; Sch. 3 para. 1 not in operation at date of making see art. 1(3); Sch. 3 para. 1(1) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(x)

2.—(1) A regulated activity provider obtains an appropriate verification in accordance with this Part if—

(a) an enhanced criminal record certificate relating to B is issued during the prescribed period,

(b) the application for the certificate is countersigned on behalf of the regulated activity provider by a registered person (within the meaning of Part 5 of the Police Act 1997 (c. 50)), and

(c) the regulated activity provider obtains from the registered person the information mentioned in sub-paragraph (2) derived from the certificate.

(2) The information is—

(a) whether B is subject to monitoring, and

(b) whether IBB is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 1.

Commencement Information

I2 Sch. 3 para. 2 partly in operation; Sch. 3 para. 2 not in operation at date of making see art. 1(3); Sch. 3 para. 2(1)(a) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(x)

3.—(1) This paragraph applies if— N.I.

(a) a regulated activity provider permits B to engage in an activity that is regulated activity,

(b) B engages in the activity with the permission of that and another regulated activity provider (C), and

(c) the permission mentioned in paragraph (a) does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider mentioned in sub-paragraph (1)(a) obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from C—

(a) that C is appropriately registered in relation to B,

(b) that C has no reason to believe that B is barred from the activity, and

(c) that C has no reason to believe that B is not subject to monitoring in relation to the activity.

Commencement Information

I3 Sch. 3 para. 3 partly in operation; Sch. 3 para. 3 not in operation at date of making see art. 1(3); Sch. 3 para. 3(1)(c)(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(x)

4.—(1) This paragraph applies if— N.I.

(a) a regulated activity provider permits B to engage in regulated activity,

(b) B is supplied by a personnel supplier, and

(c) the permission does not have continuous effect for a period exceeding the prescribed period.

(2) The regulated activity provider obtains an appropriate verification in accordance with this Part if, during the prescribed period, he obtains written confirmation from the personnel supplier—

(a) that the personnel supplier is appropriately registered in relation to B,

(b) that the personnel supplier has no reason to believe that B is barred from the activity, and

(c) that the personnel supplier has no reason to believe that B is not subject to monitoring in relation to the activity.

Commencement Information

I4 Sch. 3 para. 4 partly in operation; Sch. 3 para. 4 not in operation at date of making see art. 1(3); Sch. 3 para. 4(1)(c)(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(x)