Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009

PART 2 N.I. Provisions applying during the first transitional period

Transitional modifications applying during the first transitional period N.I.

5.  Articles 6 to 10 apply during the first transitional period.

Commencement Information

I1 Art. 5 in operation at 12.10.2009, see art. 1

Modification to section 113BA of the Police Act 1997 N.I.

6.—(1) Section 113BA(1) of the Police Act 1997 has effect subject to the following modification.

(2) For subsection (2) substitute—

“(2) Suitability information relating to children is whether the applicant is—

(a) barred from regulated activity relating to children;

(b) provisionally included in the list kept under Article 3 of the 2003 Order;

(c) included in the list kept under Article 3 of the 2003 Order otherwise than provisionally and disqualified from working with children for the purposes of Article 30 of that Order;

(d) included in the list kept under regulation 8 of the 2007 Regulations;

(e) provisionally included in the list kept under section 1 of the 1999 Act;

(f) included in the list kept under section 1 of the 1999 Act otherwise than provisionally and disqualified from working with children for the purposes of section 35 of the 2000 Act;

(g) subject to a direction made under section 142 of the 2002 Act;

(h) provisionally included in the list kept under section 1(1) of the 2003 Act;

(i) included in the list kept under section 1(1) of the 2003 Act and disqualified from working with children for the purposes of section 17 of that Act.

(2A) If the applicant is provisionally included in the list kept under—

(a) Article 3 of the 2003 Order, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with Article 16 of that Order; or

(b) section 1 of the 1999 Act, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with section 7 of that Act.

(2B) If the applicant is subject to a direction made under section 142 of the 2002 Act, the suitability information includes—

(a) details of any prohibition or restriction on the applicant’s employment;

(b) the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.

(2C) In subsection (2A)(a), “childcare position” and “childcare organisation” have the same meaning as in Article 20 of the 2003 Order.

(2D) In subsection (2A)(b), “childcare position” and “childcare organisation” have the same meaning as in section 12 of the 1999 Act.”.

Commencement Information

I2 Art. 6 in operation at 12.10.2009, see art. 1

Modification to section 113BB of the Police Act 1997 N.I.

7.—(1) Section 113BB(2) of the Police Act 1997 has effect subject to the following modification.

(2) For subsection (2) substitute—

“(2) Suitability information relating to vulnerable adults is whether the applicant is—

(a) barred from regulated activity relating to vulnerable adults;

(b) provisionally included in the list kept under Article 35 of the 2003 Order;

(c) included in the list kept under Article 35 of the 2003 Order otherwise than provisionally and prohibited from working in a care position.

(d) provisionally included in the list kept under section 81 of the 2000 Act;

(e) included in the list kept under section 81 of the 2000 Act otherwise than provisionally and prohibited from working in a care position.

(2A) If the applicant is provisionally included in the list kept under—

(a) Article 35 of the 2003 Order, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with Article 46 of that Order; or

(b) section 81 of the 1999 Act, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with section 89 of that Act.

(2B) In subsections (2)(c) and (2A)(a), “care position” has the same meaning as in Article 48 of the 2003 Order.

(2C) In subsections (2)(e) and (2A)(b), “care position” has the same meaning as in Part 7 of the 2000 Act.”.

Commencement Information

I3 Art. 7 in operation at 12.10.2009, see art. 1

Modification to section 119 of the Police Act 1997 N.I.

8.—(1) Section 119(3) of the Police Act 1997 has effect subject to the following modification.

(2) In subsection (1A), for “any person who keeps a list mentioned in section 113C(3) or 113D(3) above” substitute “any person who keeps a list under Article 3 of the 2003 Order, regulation 8 of the 2007 Regulations, section 1 of the 1999 Act, section 1(1) of the 2003 Act, Article 35 of the 2003 Order or section 81 of the 2000 Act; or maintains a list under Article 6 of the 2007 Order or section 2 of the 2006 Act.”.

Commencement Information

I4 Art. 8 in operation at 12.10.2009, see art. 1

Modification to section 120A of the Police Act 1997 N.I.

9.—(1) Section 120A(4) of the Police Act 1997 has effect subject to the following modification.

(2) In subsection (3)(b), for “list mentioned in section 113C(3) or 113D(3)” substitute “list kept under Article 3 of the 2003 Order, regulation 8 of the 2007 Regulations, section 1 of the 1999 Act, section 1(1) of the 2003 Act, Article 35 of the 2003 Order or section 81 of the 2000 Act; or maintained under Article 6 of the 2007 Order or section 2 of the 2006 Act.”.

Commencement Information

I5 Art. 9 in operation at 12.10.2009, see art. 1

Modifications to Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 N.I.

10.—(1) Schedule 1 to the 2007 Order has effect subject to the following modifications.

(2) In paragraph 1, for sub-paragraphs (2) and (3) substitute—

“(2) If IBB is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.”.

(3) In paragraph 2, for sub-paragraphs (2) and (3) substitute—

“(2) If IBB is satisfied that this paragraph applies to the person, it must—

(a) include the person in the children’s barred list;

(b) give the person an opportunity to make representations as to why the person should be removed from the children’s barred list.”.

(4) In paragraph 7, for sub-paragraphs (2) and (3) substitute—

“(2) If IBB is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.”.

(5) In paragraph 8, for sub-paragraphs (2) and (3) substitute—

“(2) If IBB is satisfied that this paragraph applies to the person, it must—

(a) include the person in the adults’ barred list;

(b) give the person an opportunity to make representations as to why the person should be removed from the adults’ barred list.”.

Commencement Information

I6 Art. 10 in operation at 12.10.2009, see art. 1

(1)

Section 113BA is inserted by paragraph 14(4) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006. An amendment to section 126 of the Police Act 1997 by paragraph 3 of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 makes section 113BA applicable to Northern Ireland.

(2)

Section 113BB is inserted by paragraph 14(4) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006. An amendment to section 126 of the Police Act 1997 by paragraph 3 of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 makes section 113BB applicable to Northern Ireland.

(3)

Section 119 was amended by sections 325 and 423 of, and paragraph 112, Part 7, of Schedule 34 to, the Greater London Authority Act 1999 (c. 29), section 134(2) of the Criminal Justice and Police Act 2001 (c. 16) and section 165(1) of, and paragraphs 1 and 4 of Schedule 14 to, the Serious Organised Crime and Police Act 2005 (c. 15). It is to be amended by paragraph 14(1) and (7) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006.

(4)

Section 120A was inserted by section 134(1) of the Criminal Justice and Police Act 2001 and was amended by paragraphs 1 and 8 of Schedule 35 to the Criminal Justice Act 2003 (c. 44), section 165 of, and paragraphs 1 and 8 of Schedule 14 to, the Serious Organised Crime and Police Act 2005 and by S.I. 2009/203.