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Statutory Rules of Northern Ireland
Safeguarding Vulnerable Groups
Made
6th February 2009
Coming into operation
13th March 2009
To be laid before Parliament
1. These Regulations may be cited as the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 and shall come into operation on 13th March 2009.
2.—(1) In these Regulations—
“the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“the 2007 Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007(3);
“connected offence” means, in relation to an offence specified in the Schedule, an offence of—
attempting, conspiring or incitement to commit that offence, or
aiding, abetting, counselling or procuring, the commission of that offence;
“disqualification order” means an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003(4);
“relevant circumstances” means—
in relation to an offence specified in—
sub-paragraph (a) or (b) of paragraph 1,
sub-paragraph (b)(ii) to (v), (c) or (d)(ii) of paragraph 2, or
sub-paragraph (b)(ii) to (vii), (c) or (d)(ii) of paragraph 4
of the Schedule the circumstances described in the relevant sub-paragraph which relate to the commission of that offence, and
in relation to an offence specified in—
sub-paragraph (c), (e) or (g)(i) of paragraph 1,
sub-paragraph (e), (g) or (i)(i) of paragraph 2, or
sub-paragraph (e), (g) or (i)(i) of paragraph 4
of the Schedule the circumstances referred to in the relevant sub-paragraph in relation to the commission of that offence;
“relevant date” means the date on which these Regulations come into operation;
“relevant period” means the period starting on the day on which these Regulations come into operation and ending on the day on which Article 7 of the Order comes into operation for all purposes.
(2) In regulation 5 a reference to an offence specified in paragraph 1(a) to (c), (e) or (g)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
(3) In regulation 6 a reference to an offence specified in paragraph 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
(4) In regulation 8 a reference to an offence specified in paragraph 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
[F1(5) In regulations 5 to 8—
(a)a reference to an offence, A, specified in the Schedule includes a reference to offence, B, which in relation to offence A is a connected offence; and
(b)a reference to being convicted of an offence specified in the Schedule includes a reference to being convicted of—
(i)an Islands offence; or
(ii)a relevant foreign offence.
(6) In paragraph (5)(b), an Islands offence is an offence satisfying the criteria in paragraph (6A) and a relevant foreign offence is an offence satisfying the criteria in paragraph (7).
(6A) The criteria are that—
(a)the offence is one under the law in force in the Isle of Man or any of the Channel Islands;
(b)the conduct which constitutes the offence would, if carried out in Northern Ireland, amount to an equivalent offence which is specified in the Schedule; and
(c)where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b) (ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.]
(7) The criteria are that—
(a)the offence is one under the law in force in a country or territory outside the British Islands;
(b)the conduct which constitutes the offence would, if carried out in Northern Ireland, amount to an equivalent offence which is specified in the Schedule; and
(c)where the equivalent offence is one specified in paragraph 1(a) to (c), (e) or (g)(i), 2(b)(ii) to (v), (c), (d)(ii), (e), (g) or (i)(i) or 4(b)(ii) to (vii), (c), (d)(ii), (e), (g) or (i)(i) of the Schedule, the offence was committed in relevant circumstances relating to the equivalent offence.
[F2(7A) For the purposes of paragraph (6A), an act punishable under the law in force in the Isle of Man or any of the Channel Islands constitutes an offence under that law however it is described in that law.]
(8) For the purposes of paragraph (7) an act punishable under the law in force in a country or territory outside the British Islands constitutes an offence under that law however it is described in that law.
Textual Amendments
F1Reg. 2(5)(6)(6A) substituted for (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(2)(a)
F2Reg. 2(7A) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(2)(b)
Commencement Information
3.—(1) Where the condition in paragraph (2) is met, the offences referred to in regulations 5 to 8 do not include any offence which a person has committed against a child before the commencement (for all purposes) of Article 6 of the Order.
(2) The condition is that the court, having considered whether to make a disqualification order in connection with the commission of the offence, decided not to.
(3) In this regulation the reference to an offence committed against a child must be construed in accordance with Part 2 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.
4.—(1) During the relevant period, the criteria prescribed in this Part are not satisfied in so far as they relate to—N.I.
(a)an offence specified in the Schedule to the 2007 Regulations under the law of England and Wales, Scotland or the law extending to the United Kingdom as a whole or any part or parts thereof;
(b)an offence specified in the Schedule to these Regulations under the law of England and Wales, Scotland or the law extending to the United Kingdom as a whole or any part or parts thereof; or
(c)a connected offence in relation to an offence mentioned in sub-paragraph (a) or (b),
unless that offence or connected offence was committed in Northern Ireland.
(2) During the relevant period, the criteria prescribed in this Part are not satisfied in so far as they relate to—
(a)a relevant foreign offence; or
(b)an offence which in relation to that relevant foreign offence is a connected offence,
unless the equivalent offence specified in the Schedule is an offence under the law of Northern Ireland.
5.—(1) The criteria prescribed for the purposes of paragraph 1(1) of Schedule 1 to the Order are the criteria set out in paragraphs (2) to (4).
(2) The criterion set out in this paragraph is that before the relevant date—
(a)the person had been made subject to a disqualification order, and
(b)condition C in the 2007 Regulations was satisfied in relation to the person, and
(c)regulation 6 of those Regulations applied to the person, and
(d)the Department of Education had not included that person in the list kept under regulation 8 of those Regulations.
(3) The criterion set out in this paragraph is that before the relevant date—
(a)the person had been convicted of, or cautioned in relation to, an offence specified in Part 2 of the Schedule to the 2007 Regulations, and
(b)condition C in those Regulations was satisfied in relation to the person, and
(c)regulation 6 of those Regulations applied to the person, and
(d)the Department of Education had not included that person in the list kept under regulation 8 of those Regulations.
(4) The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 1 of the Schedule.
6.—(1) The criteria prescribed for the purposes of paragraph 2(1) of Schedule 1 to the Order are the criteria set out in paragraphs (2) to (6).
(2) The criterion set out in this paragraph is that before the relevant date—
(a)the person had been made subject to a disqualification order, and
(b)condition C of the 2007 Regulations was not satisfied in relation to the person, and
(c)regulation 6 of those Regulations applied to the person, and
(d)the Department of Education had not included that person in the list kept under regulation 8 of the 2007 Regulations.
(3) The criterion set out in this paragraph is that before the relevant date—
(a)the person had been convicted of, or cautioned in relation to, an offence specified in Parts 2 to 5 of the Schedule to the 2007 Regulations, and
(b)any of conditions D to F in those Regulations was satisfied in relation to the person, and
(c)regulation 6 of those Regulations applied to the person, and
(d)the Department of Education had not included that person in the list kept under regulation 8 of those Regulations.
(4) The criterion set out in this paragraph is that the person has, on or after the relevant date been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003(5) or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005(6).
(5) The criterion set out in this paragraph is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 2 of the Schedule.
(6) The criterion set out in this paragraph is that the person has, on or after the relevant date, been made subject to a disqualification order and the person does not meet any other criteria prescribed in regulation 5 or in this regulation.
7. The criterion prescribed for the purposes of paragraph 7(1) of Schedule 1 to the Order is that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 3 of the Schedule.
8. The criteria prescribed for the purposes of paragraph 8(1) of Schedule 1 to the Order are—
(a)that the person has, on or after the relevant date, been made subject to a risk of sexual harm order within the meaning of section 123 of the Sexual Offences Act 2003 or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; or
(b)that the person has, on or after the relevant date, been convicted of, or cautioned in relation to, an offence specified in paragraph 4 of the Schedule.
9.—(1) The Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008(7) is amended as follows.
(2) After Article 3(1)(a), insert—
“(aa)who does not meet any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 1 to the Order under the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009;”.
Paul Goggins
Minister of State
Northern Ireland Office
6th February 2009
1. The offences specified in this paragraph are—N.I.
(a)the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;
(b)the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;
(c)any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(d)any offence contrary to a provision specified in Part 2 of that table;
(e)any offence contrary to—
(i)section 70 of the Army Act 1955(8),
(ii)section 70 of the Air Force Act 1955(9), or
(iii)section 42 of the Naval Discipline Act 1957(10),
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(f)any offence contrary to—
(i)section 70 of the Army Act 1955,
(ii)section 70 of the Air Force Act 1955, or
(iii)section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
(g)any offence contrary to section 42 of the Armed Forces Act 2006(11) where—
(i)the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
(ii)the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
---|---|
Provision | Circumstances |
Sexual Offences Act 1956, section 1(12) | The offence was committed against a child |
Mental Health Act 1959, section 128(13) | The offence was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)(14) | The offence was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 123(15) | The offence was committed against a child |
Mental Health (Care and Treatment)(Scotland) Act 2003(16), section 311 | The offence was committed against a child |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313(17) | The offence was committed against a child |
Sexual Offences Act 2003, section 1 | The offence was committed against a child |
Sexual Offences Act 2003, section 2 | The offence was committed against a child |
Sexual Offences Act 2003, section 30 | The offence was committed against a child |
Sexual Offences Act 2003, section 31 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences Act 2003, section 32 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences Act 2003, section 33 | The person caused to watch the sexual activity in question was a child |
Sexual Offences Act 2003, section 34 | The offence was committed against a child |
Sexual Offences Act 2003, section 35 | The person induced, threatened or deceived was a child |
Sexual Offences Act 2003, section 36 | The person who agreed to be present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences Act 2003, section 37 | The person induced, threatened or deceived was a child |
Sexual Offences Act 2003, section 38 | The offence was committed against a child |
Sexual Offences Act 2003, section 39 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences Act 2003, section 40 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences Act 2003, section 41 | The person caused to watch the sexual activity was a child |
Sexual Offences (Northern Ireland) Order 2008(18), Article 5 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 6 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 43 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 44 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 45 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 46 | The person caused to watch the sexual activity in question was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 47 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 48 | The person induced, threatened or deceived was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 49 | The person who agreed to be present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 50 | The person induced, threatened or deceived was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 51 | The offence was committed against a child |
Sexual Offences (Northern Ireland) Order 2008, Article 52 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 53 | The person who was present or in a place from which the person committing the offence could be seen was a child |
Sexual Offences (Northern Ireland) Order 2008, Article 54 | The person caused to watch the sexual activity in question was a child |
[F3Sexual Offences (Scotland) Act 2009, section 1 | The offence was committed against a child |
Sexual Offences (Scotland) Act 2009, section 2 | The offence was committed against a child] |
Part 2 | |
Provision | |
Criminal Law Amendment Act 1885, section 4(19) | |
Sexual Offences Act 1956, section 5(20) | |
Sexual Offences (Scotland) Act 1976, section 3(21) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(1) or (2)(22) | |
Sexual Offences Act 2003, section 5 | |
Sexual Offences Act 2003, section 6 | |
Sexual Offences Act 2003, section 7 | |
Sexual Offences Act 2003, section 8 | |
Sexual Offences (Northern Ireland) Order 2008, Article 12 | |
Sexual Offences (Northern Ireland) Order 2008, Article 13 | |
Sexual Offences (Northern Ireland) Order 2008, Article 14 | |
Sexual Offences (Northern Ireland) Order 2008, Article 15 | |
[F4Sexual Offences (Scotland) Act 2009, section 18 | |
Sexual Offences (Scotland) Act 2009, section 19 | |
Sexual Offences (Scotland) Act 2009, section 20(1), (2)(a), and (3)] |
Textual Amendments
F3Words in Sch. para. 1 Table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(2)
F4Words in Sch. para. 1 Table Pt. 2 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(3)
Commencement Information
I10Sch. para. 1 in operation at 13.3.2009, see reg. 1
2. The offences specified in this paragraph are—N.I.
(a)the offences contrary to the common law of England and Wales of—
(i)murder,
(ii)kidnapping,
(iii)infanticide;
(b)the offences contrary to the common law of Scotland of—
(i)murder,
(ii)rape, where the offence was committed against an adult,
(iii)sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,
(iv)indecent assault, where the offence was committed against a child,
(v)clandestine injury to women, where the offence was committed against a child,
(vi)abduction of a woman or a girl with intent to rape,
(vii)assault with intent to rape or ravish;
(c)an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against or involving a child under the age of 16;
(d)the offence contrary to the common law of Northern Ireland of—
(i)murder,
(ii)rape, where the offence was committed against an adult,
(iii)kidnapping,
(iv)infanticide;
(e)any offence contrary to a provision specified in Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(f)any offence contrary to a provision specified in Part 2 of that table;
(g)any offence contrary to—
(i)section 70 of the Army Act 1955,
(ii)section 70 of the Air Force Act 1955, or
(iii)section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(h)any offence contrary to—
(i)section 70 of the Army Act 1955,
(ii)section 70 of the Air Force Act 1955, or
(iii)section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
(i)any offence contrary to section 42 of the Armed Forces Act 2006 where—
(i)the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
(ii)the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
---|---|
Provision | Circumstances |
F5. . . | F5. . . |
Offences Against the Person Act 1861, section 61(23) | [F6The person with whom the offence was committed was under the age of 16 or did not consent to the act] |
Offences Against the Person Act 1861, section 62(24) | [F6The person with whom the offence was committed was under the age of 16 or did not consent to the act] |
Criminal Law Amendment Act 1885, section 11(25) | [F7The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012] |
Punishment of Incest Act 1908, section 1(26) | The offence was committed against a child |
Punishment of Incest Act 1908, section 2 | The offence was committed against a child |
Sexual Offences Act 1956, section 1 | The offence was committed against an adult |
Sexual Offences Act 1956, section 10(27) | The offence was committed against a child |
Sexual Offences Act 1956, section 11(28) | The offence was committed against a child |
Sexual Offences Act 1956, section 12(29) | The person with whom the offence was committed was under the age of 16 or did not consent to the act [F8and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012] |
Sexual Offences Act 1956, section 13(30) | The person with whom the offence was committed was under the age of 16 or did not consent to the act[F8and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012] |
Misuse of Drugs Act 1971, section 4(3)(31) | The person to whom controlled drugs were supplied or offered to be supplied was a child |
Sexual Offences (Scotland) Act 1976, section 2A(32) | The offence was committed against a child |
Sexual Offences (Scotland) Act 1976, section 2B | The offence was committed against a child |
Customs and Excise Management Act 1979, section 170(33) | The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 1876(34) |
Criminal Justice (Scotland) Act 1980, section 80(7)(35) | The person with whom the homosexual act was committed, or whom the person committing the offence procured or attempted to procure to commit the act, was under the age of 16 or was not willing to participate in the act |
Mental Health (Northern Ireland) Order 1986, Article 122 | An offence under this Article was committed against an adult or an offence under paragraph (1)(b) to (e) of the Article was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 123 | The offence was committed against an adult |
Criminal Law (Consolidation)(Scotland) Act 1995, section 13(36) | At least one other person involved (whether in the offence or the homosexual act) was under the age of 16 or was not a willing participant |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311 | The offence was committed against an adult |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313 | The offence was committed against an adult |
Criminal Justice (Northern Ireland) Order 2003, Article 21(37) | The offence was committed against a child |
[F9Female Genital Mutilation Act 2003, section 1 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 2 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 3 | The offence was committed against a child] |
Sexual Offences Act 2003, section 1 | The offence was committed against an adult |
Sexual Offences Act 2003, section 2 | The offence was committed against an adult |
Sexual Offences Act 2003, section 30 | The offence was committed against an adult |
Sexual Offences Act 2003, section 31 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences Act 2003, section 32 | The person who was present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences Act 2003, section 33 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences Act 2003, section 34 | The offence was committed against an adult |
Sexual Offences Act 2003, section 35 | The person induced, threatened or deceived was an adult |
Sexual Offences Act 2003, section 36 | The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences Act 2003, section 37 | The person induced, threatened or deceived was an adult |
Sexual Offences Act 2003, section 38 | The offence was committed against an adult |
Sexual Offences Act 2003, section 39 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences Act 2003, section 40 | The person who was present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences Act 2003, section 41 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences Act 2003, section 62 | The relevant sexual offence(38) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences Act 2003, section 63 | The relevant sexual offence(39) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences Act 2003, section 66(40) | The offence was committed against a child under the age of 16 |
Sexual Offences Act 2003, section 67 | The offence was committed against a child under the age of 16 |
[F9Sexual Offences Act 2003, section 72 | The offence committed corresponds to an offence which would lead to automatic inclusion in the children’s barred list with the right to make representations] |
Sexual Offences (Northern Ireland) Order 2008, Article 5 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 6 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 43 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 44 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 45 | The person who was present or in a place from which the person committing the offence could be seen was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 46 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 47 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 48 | The person induced, threatened or deceived was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 49 | The person who agreed to be present or in a place from which the person committing the offence could be observed was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 50 | The person induced, threatened or deceived was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 51 | The offence was committed against an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 52 | The person caused or incited to engage in sexual activity was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 53 | The person who was present or in a place from which the person committing the offence could be seen was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 54 | The person caused to watch the sexual activity in question was an adult |
Sexual Offences (Northern Ireland) Order 2008, Article 66 | The relevant sexual offence(41) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences (Northern Ireland) Order 2008, Article 67 | The relevant sexual offence(42) was one specified in this Schedule and was intended to be committed in relevant circumstances, if any, specified in this Schedule in relation to that offence |
Sexual Offences (Northern Ireland) Order 2008, Article 70 | The offence was committed against a child under the age of 16 |
Sexual Offences (Northern Ireland) Order 2008, Article 71 | The offence was committed against a child under the age of 16 |
[F9Sexual Offences (Scotland) Act 2009, section 5 | The offence was committed against a child under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 6 | The offence was committed against a child under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 8 | The offence was committed against a child under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 9 | The offence was committed against a child under the age of 16] |
[F10Theft Act 1968, section 9(1)(a) | The offence was committed with intent to commit rape [F11before section 9(1)(a) was amended by the Sexual Offences Act 2003] |
Theft Act (Northern Ireland) 1969, section 9 | The offence was committed with intent to commit rape [F12before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008]] |
Part 2 | |
Provision | |
Offences Against the Person Act 1861, section 21 | |
Offences Against the Person Act 1861, section 53(43) | |
[F13Offences Against the Person Act 1861, section 52] | |
Offences Against the Person Act 1861, section 54 | |
Offences Against the Person Act 1861, section 55 | |
Criminal Law Amendment Act 1885, section 2(44) | |
Criminal Law Amendment Act 1885, section 3 | |
Criminal Law Amendment Act 1885, section 5 | |
Criminal Law Amendment Act 1885, section 6 | |
Criminal Law Amendment Act 1885, section 7 | |
Criminal Law Amendment Act 1885, section 8 | |
Vagrancy Act 1898, section 1(45) | |
Children and Young Persons Act 1933, section 1(46) | |
Children and Young Persons (Scotland) Act 1937, section 12(1)(47) | |
Infanticide Act 1938, section 1(48) | |
Infanticide Act (Northern Ireland) 1939, section 1(49) | |
Sexual Offences Act 1956, section 2(50) | |
Sexual Offences Act 1956, section 3 | |
Sexual Offences Act 1956, section 4 | |
Sexual Offences Act 1956, section 6 | |
Sexual Offences Act 1956, section 7 | |
Sexual Offences Act 1956, section 9 | |
Sexual Offences Act 1956, section 14 | |
Sexual Offences Act 1956, section 15 | |
Sexual Offences Act 1956, section 16 | |
Sexual Offences Act 1956, section 17 | |
Sexual Offences Act 1956, section 19 | |
Sexual Offences Act 1956, section 20 | |
Sexual Offences Act 1956, section 21 | |
Sexual Offences Act 1956, section 22 | |
Sexual Offences Act 1956, section 23 | |
Sexual Offences Act 1956, section 24 | |
Sexual Offences Act 1956, section 25 | |
Sexual Offences Act 1956, section 26 | |
Sexual Offences Act 1956, section 27 | |
Sexual Offences Act 1956, section 28 | |
Sexual Offences Act 1956, section 29 | |
Sexual Offences Act 1956, section 30 | |
Sexual Offences Act 1956, section 31 | |
Mental Health Act 1959, section 128(51) | |
Indecency with Children Act 1960, section 1(52) | |
Sexual Offences Act 1967, section 4(53) | |
Sexual Offences Act 1967, section 5 | |
Theft Act 1968, section 9(1)(a)(54) | |
Children and Young Persons Act (Northern Ireland) 1968, section 20(55) | |
Children and Young Persons Act (Northern Ireland) 1968, section 21(56) | |
Children and Young Persons Act (Northern Ireland) 1968, section 22(57) | |
F14. . . | |
F15. . . | |
Sexual Offences (Scotland) Act 1976, section 2C(58) | |
Sexual Offences (Scotland) Act 1976, section 4 | |
Criminal Law Act 1977, section 54(59) | |
Protection of Children Act 1978, section 1(60) | |
Protection of Children (Northern Ireland) Order 1978, Article 3(61) | |
[F13Sexual Offences (Northern Ireland) Order 1978, Article 3] | |
Criminal Justice (Northern Ireland) Order 1980, Article 9(62) | |
Homosexual Offences (Northern Ireland) Order 1982, Article 7(63) | |
Homosexual Offences (Northern Ireland) Order 1982, Article 8 | |
Civic Government (Scotland) Act 1982, section 52(64) | |
Civic Government (Scotland) Act 1982, section 52A(65) | |
F16. . . | |
Mental Health Act 1983, section 127(66) | |
F16. . . | |
F16. . . | |
Child Abduction Act 1984, section 1(67) | |
Child Abduction Act 1984, section 2(68) | |
Child Abduction Act 1984, section 6(69) | |
Mental Health (Scotland) Act 1984, section 105(70) | |
[F13Mental Health (Scotland) Act 1984, section 106] | |
[F13Mental Health (Scotland) Act 1984, section 107] | |
Mental Health (Scotland) Act 1984, section 108(71) | |
Mental Health (Scotland) Act 1984, section 109(72) | |
Child Abduction (Northern Ireland) Order 1985, Article 3(73) | |
Child Abduction (Northern Ireland) Order 1985, Article 4(74) | |
Mental Health (Northern Ireland) Order 1986, Article 119 | |
Mental Health (Northern Ireland) Order 1986, Article 121(75) | |
Mental Health (Northern Ireland) Order 1986, Article 124 | |
Mental Health (Northern Ireland) Order 1986, Article 125 | |
Criminal Justice Act 1988, section 160(76) | |
Criminal Justice (Evidence etc.)(Northern Ireland) Order 1988, Article 15(77) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 1(78) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 2 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 3 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 5(3) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 6 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 7(1) or (2) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 8(1) or (3) | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 9 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 10 | |
Criminal Law (Consolidation)(Scotland) Act 1995, section 11 | |
Sexual Offences (Amendment) Act 2000, section 3(79) | |
Nationality, Immigration and Asylum Act 2002, section 145(80) | |
Criminal Justice (Scotland) Act 2003, section 22(81) | |
Criminal Justice (Northern Ireland) Order 2003, Article 19(82) | |
Criminal Justice (Northern Ireland) Order 2003, Article 20 | |
Sexual Offences Act 2003, section 3 | |
Sexual Offences Act 2003, section 4 | |
[F13Sexual Offences Act 2003, section 4(1)(a)] | |
Sexual Offences Act 2003, section 9 | |
Sexual Offences Act 2003, section 10 | |
Sexual Offences Act 2003, section 11 | |
Sexual Offences Act 2003, section 12 | |
Sexual Offences Act 2003, section 14 | |
Sexual Offences Act 2003, section 15(83) | |
Sexual Offences Act 2003, section 16 | |
Sexual Offences Act 2003, section 17 | |
Sexual Offences Act 2003, section 18 | |
Sexual Offences Act 2003, section 19 | |
Sexual Offences Act 2003, section 20 | |
Sexual Offences Act 2003, section 25 | |
Sexual Offences Act 2003, section 26 | |
Sexual Offences Act 2003, section 47 | |
Sexual Offences Act 2003, section 48 | |
Sexual Offences Act 2003, section 49 | |
Sexual Offences Act 2003, section 50 | |
Sexual Offences Act 2003, section 52 | |
Sexual Offences Act 2003, section 53 | |
Sexual Offences Act 2003, section 57(84) | |
Sexual Offences Act 2003, section 58 | |
Sexual Offences Act 2003, section 59 | |
[F13Sexual Offences Act 2003, section 59A] | |
Sexual Offences Act 2003, section 61 | |
[F17Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4] | |
Domestic Violence, Crime and Victims Act 2004, section 5(85) | |
Mental Capacity Act 2005, section 44(86) | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 1(87) | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12 | |
[F13Criminal Justice and Immigration Act 2008, section 63] | |
Sexual Offences (Northern Ireland) Order 2008, Article 7 | |
Sexual Offences (Northern Ireland) Order 2008, Article 8 | |
Sexual Offences (Northern Ireland) Order 2008, Article 16 | |
Sexual Offences (Northern Ireland) Order 2008, Article 17 | |
Sexual Offences (Northern Ireland) Order 2008, Article 18 | |
Sexual Offences (Northern Ireland) Order 2008, Article 19 | |
Sexual Offences (Northern Ireland) Order 2008, Article 21 | |
Sexual Offences (Northern Ireland) Order 2008, Article 22 | |
Sexual Offences (Northern Ireland) Order 2008, Article 23 | |
Sexual Offences (Northern Ireland) Order 2008, Article 24 | |
Sexual Offences (Northern Ireland) Order 2008, Article 25 | |
Sexual Offences (Northern Ireland) Order 2008, Article 26 | |
Sexual Offences (Northern Ireland) Order 2008, Article 27 | |
Sexual Offences (Northern Ireland) Order 2008, Article 32 | |
Sexual Offences (Northern Ireland) Order 2008, Article 33 | |
Sexual Offences (Northern Ireland) Order 2008, Article 37 | |
Sexual Offences (Northern Ireland) Order 2008, Article 38 | |
Sexual Offences (Northern Ireland) Order 2008, Article 39 | |
Sexual Offences (Northern Ireland) Order 2008, Article 40 | |
Sexual Offences (Northern Ireland) Order 2008, Article 62 | |
Sexual Offences (Northern Ireland) Order 2008, Article 63 | |
Sexual Offences (Northern Ireland) Order 2008, Article 65 | |
[F13Coroners and Justice Act 2009, section 62] | |
[F13Sexual Offences (Scotland) Act 2009, section 3 | |
Sexual Offences (Scotland) Act 2009, section 4 | |
Sexual Offences (Scotland) Act 2009, section 11 | |
Sexual Offences (Scotland) Act 2009, section 20(1) and (2)(b) to (e) | |
Sexual Offences (Scotland) Act 2009, section 21 | |
Sexual Offences (Scotland) Act 2009, section 22 | |
Sexual Offences (Scotland) Act 2009, section 23 | |
Sexual Offences (Scotland) Act 2009, section 24 | |
Sexual Offences (Scotland) Act 2009, section 25 | |
Sexual Offences (Scotland) Act 2009, section 26 | |
Sexual Offences (Scotland) Act 2009, section 28 | |
Sexual Offences (Scotland) Act 2009, section 29 | |
Sexual Offences (Scotland) Act 2009, section 30 | |
Sexual Offences (Scotland) Act 2009, section 31 | |
Sexual Offences (Scotland) Act 2009, section 32 | |
Sexual Offences (Scotland) Act 2009, section 33 | |
Sexual Offences (Scotland) Act 2009, section 34 | |
Sexual Offences (Scotland) Act 2009, section 35 | |
Sexual Offences (Scotland) Act 2009, section 36 | |
Sexual Offences (Scotland) Act 2009, section 42 | |
Sexual Offences (Scotland) Act 2009, section 46] |
Textual Amendments
F5Words in Sch. para. 2 Table Pt. 1 omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(a)
F6Words in Sch. para. 2 Table Pt. 1 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(c)
F7Words in Sch. para. 2 Table Pt. 1 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(d)
F8Words in Sch. para. 2 Table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(e)
F9Words in Sch. para. 2 Table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(b)
F10Words in Sch. para. 2 Table Pt. 1 inserted (12.10.2009) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/306), regs. 1, 6(2)
F11Words in Sch. para. 2 Table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(f)
F12Words in Sch. para. 2 Table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(4)(g)
F13Words in Sch. para. 2 Table Pt. 2 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(5)(b)
F14Words in Sch. para. 2 Table Pt. 2 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(3)
F15Words in Sch. para. 2 Table Pt. 2 omitted (12.10.2009) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/306), regs. 1, 6(3)
F16Words in Sch. para. 2 Table Pt. 2 omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(5)(a)
F17Words in Sch. para. 2 Table Pt. 2 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(5)(c)
Commencement Information
I11Sch. para. 2 in operation at 13.3.2009, see reg. 1
3. The offences specified in this paragraph are—N.I.
(a)any offence contrary to a provision specified in the table set out in this paragraph;
(b)any offence contrary to—
(i)section 70 of the Army Act 1955,
(ii)section 70 of the Air Force Act 1955, or
(iii)section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in that table; and
(c)any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.
Provision | |
---|---|
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a) | |
Mental Health (Northern Ireland) Order 1986, Article 123 | |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311 | |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313 | |
Sexual Offences Act 2003, section 30 | |
Sexual Offences Act 2003, section 31 | |
Sexual Offences Act 2003, section 32 | |
Sexual Offences Act 2003, section 33 | |
Sexual Offences Act 2003, section 34 | |
Sexual Offences Act 2003, section 35 | |
Sexual Offences Act 2003, section 36 | |
Sexual Offences Act 2003, section 37 | |
Sexual Offences Act 2003, section 38 | |
Sexual Offences Act 2003, section 39 | |
Sexual Offences Act 2003, section 40 | |
Sexual Offences Act 2003, section 41 | |
Sexual Offences (Northern Ireland) Order 2008, Article 43 | |
Sexual Offences (Northern Ireland) Order 2008, Article 44 | |
Sexual Offences (Northern Ireland) Order 2008, Article 45 | |
Sexual Offences (Northern Ireland) Order 2008, Article 46 | |
Sexual Offences (Northern Ireland) Order 2008, Article 47 | |
Sexual Offences (Northern Ireland) Order 2008, Article 48 | |
Sexual Offences (Northern Ireland) Order 2008, Article 49 | |
Sexual Offences (Northern Ireland) Order 2008, Article 50 | |
Sexual Offences (Northern Ireland) Order 2008, Article 51 | |
Sexual Offences (Northern Ireland) Order 2008, Article 52 | |
Sexual Offences (Northern Ireland) Order 2008, Article 53 | |
Sexual Offences (Northern Ireland) Order 2008, Article 54 | |
[F18Sexual Offences (Scotland) Act 2009, section 46] |
Textual Amendments
F18Words in Sch. para. 3 table inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(6)
Commencement Information
I12Sch. para. 3 in operation at 13.3.2009, see reg. 1
4. The offences specified in this paragraph are—N.I.
(a)the offences contrary to the common law of England and Wales of—
(i)murder,
(ii)kidnapping,
(iii)infanticide;
(b)the offences contrary to the common law of Scotland of—
(i)murder,
(ii)rape, where the offence was committed against a child,
(iii)sodomy, unless every person involved in the offence was aged 16 or over and was a willing participant,
(iv)indecent assault, where the offence was committed against a child,
(v)clandestine injury to women, where the offence was committed against a child,
(vi)abduction of a woman or a girl with intent to rape, where the offence was committed against a child,
(vii)assault with intent to rape or ravish, where the offence was committed against a child;
(c)an offence contrary to the common law of Scotland involving lewd, indecent or libidinous behaviour or practices, where the offence was committed against a child under the age of 16;
(d)the offences contrary to the common law of Northern Ireland of—
(i)murder,
(ii)rape, where the offence was committed against a child,
(iii)kidnapping,
(iv)infanticide;
(e)any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(f)any offence contrary to a provision specified in Part 2 of that table;
(g)any offence contrary to—
(i)section 70 of the Army Act 1955,
(ii)section 70 of the Air Force Act 1955, or
(iii)section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
(h)any offence contrary to—
(i)section 70 of the Army Act 1955,
(ii)section 70 of the Air Force Act 1955, or
(iii)section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
(i)any offence contrary to section 42 of the Armed Forces Act 2006 where—
(i)the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
(ii)the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
---|---|
Provision | Circumstances |
Offences Against the Person Act 1861, section 61 | [F19The person with whom the offence was committed was under the age of 16 or did not consent to the act] |
Criminal Law Amendment Act 1885, section 11 | [F20The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012] |
Punishment of Incest Act 1908, section 1 | The offence was committed against a child or the other party to the offence did not consent to the act |
Punishment of Incest Act 1908, section 2 | The offence was committed against a child or the other party to the offence did not consent to the act |
F21. . . | F22. . . |
Sexual Offences Act 1956, section 10 | The offence was committed against a child or the other party to the offence did not consent to the act |
Sexual Offences Act 1956, section 11 | The offence was committed against a child or the other party to the offence did not consent to the act |
Sexual Offences Act 1956, section 12 | The person with whom the offence was committed was under the age of 16 or did not consent to the act |
Sexual Offences Act 1956, section 13 | The person with whom the offence was committed was under the age of 16 or did not consent to the act [F23and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012] |
Misuse of Drugs Act 1971, section 4(3) | The person to whom controlled drugs were supplied or offered to be supplied was a child |
Customs and Excise Management Act 1979, section 170 | The relevant goods were goods which were prohibited to be imported or brought into the United Kingdom, pursuant to section 42 of the Customs Consolidation Act 1876 |
F24. . . | F22. . . |
[F25Female Genital Mutilation Act 2003, section 1 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 2 | The offence was committed against a child |
Female Genital Mutilation Act 2003, section 3 | The offence was committed against a child] |
[F26Sexual Offences Act 2003, section 66] | [F27The offence was committed against a child under the age of 16] |
[F28Sexual Offences Act 2003, section 67] | [F27The offence was committed against a child under the age of 16] |
[F25Sexual Offences Act 2003, section 72] | |
Sexual Offences (Northern Ireland) Order 2008, Article 5 | The offence was committed against a child |
[F29Sexual Offences (Northern Ireland) Order 2008, Article 70] | [F27The offence was committed against a child under the age of 16] |
[F30Sexual Offences (Northern Ireland) Order 2008, Article 71] | [F27The offence was committed against a child under the age of 16] |
[F25Sexual Offences (Scotland) Act 2009, section 5 | The offence was committed against a child aged under the age of 16 |
Sexual Offences (Scotland) Act 2009, section 6 | The offence was committed against a child aged under the age of 16] |
[F31Theft Act 1968, section 9(1)(a) | The offence was committed with intent to commit rape[F32before section 9(1)(a) was amended by the Sexual Offences Act 2003] |
Theft Act (Northern Ireland) 1969, section 9 | The offence was committed with intent to commit rape [F33before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008]] |
Part 2 | |
Provision | |
Offences Against the Person Act 1861, section 21 | |
Offences Against the Person Act 1861, section 52 | |
Offences Against the Person Act 1861, section 53 | |
Offences Against the Person Act 1861, section 54 | |
Offences Against the Person Act 1861, section 55 | |
Offences Against the Person Act 1861, section 62 | |
Criminal Law Amendment Act 1885, section 2 | |
Criminal Law Amendment Act 1885, section 3 | |
Criminal Law Amendment Act 1885, section 4 | |
Criminal Law Amendment Act 1885, section 5 | |
Criminal Law Amendment Act 1885, section 6 | |
Criminal Law Amendment Act 1885, section 7 | |
Criminal Law Amendment Act 1885, section 8 | |
Vagrancy Act 1898, section 1 | |
Children and Young Persons Act 1933, section 1 | |
Children and Young Persons (Scotland) Act 1937, section 12(1) | |
Infanticide Act 1938, section 1 | |
Infanticide Act (Northern Ireland) 1939, section 1 | |
[F34Sexual Offences Act 1956, section 1] | |
Sexual Offences Act 1956, section 2 | |
Sexual Offences Act 1956, section 3 | |
Sexual Offences Act 1956, section 4 | |
Sexual Offences Act 1956, section 5 | |
Sexual Offences Act 1956, section 6 | |
Sexual Offences Act 1956, section 7 | |
Sexual Offences Act 1956, section 9 | |
Sexual Offences Act 1956, section 14 | |
Sexual Offences Act 1956, section 15 | |
Sexual Offences Act 1956, section 16 | |
Sexual Offences Act 1956, section 17 | |
Sexual Offences Act 1956, section 19 | |
Sexual Offences Act 1956, section 20 | |
Sexual Offences Act 1956, section 21 | |
Sexual Offences Act 1956, section 22 | |
Sexual Offences Act 1956, section 23 | |
Sexual Offences Act 1956, section 24 | |
Sexual Offences Act 1956, section 25 | |
Sexual Offences Act 1956, section 26 | |
Sexual Offences Act 1956, section 27 | |
Sexual Offences Act 1956, section 28 | |
Sexual Offences Act 1956, section 29 | |
Sexual Offences Act 1956, section 30 | |
Sexual Offences Act 1956, section 31 | |
Mental Health Act 1959, section 128 | |
Indecency with Children Act 1960, section 1 | |
Sexual Offences Act 1967, section 4 | |
Sexual Offences Act 1967, section 5 | |
F35. . . | |
Children and Young Persons Act (Northern Ireland) 1968, section 20 | |
Children and Young Persons Act (Northern Ireland) 1968, section 21 | |
Children and Young Persons Act (Northern Ireland) 1968, section 22 | |
F36. . . | |
F35. . . | |
Sexual Offences (Scotland) Act 1976, section 2A | |
Sexual Offences (Scotland) Act 1976, section 2B | |
Sexual Offences (Scotland) Act 1976, section 2C | |
[F37Sexual Offences (Scotland) Act 1976, section 3] | |
Sexual Offences (Scotland) Act 1976, section 4 | |
Criminal Law Act 1977, section 54 | |
Protection of Children Act 1978, section 1 | |
Protection of Children (Northern Ireland) Order 1978, Article 3 | |
[F38Sexual Offences (Northern Ireland) Order 1978, Article 3] | |
Criminal Justice (Northern Ireland) Order 1980, Article 9 | |
Criminal Justice (Scotland) Act 1980, section 80(7) | |
Homosexual Offences (Northern Ireland) Order 1982, Article 7 | |
Homosexual Offences (Northern Ireland) Order 1982, Article 8 | |
Civic Government (Scotland) Act 1982, section 52 | |
Civic Government (Scotland) Act 1982, section 52A | |
F39. . . | |
Mental Health Act 1983, section 127 | |
F39. . . | |
F39. . . | |
Child Abduction Act 1984, section 1 | |
Child Abduction Act 1984, section 2 | |
Child Abduction Act 1984, section 6 | |
Mental Health (Scotland) Act 1984, section 105 | |
[F38Mental Health (Scotland) Act 1984, section 106 | |
Mental Health (Scotland) Act 1984, section 107] | |
Mental Health (Scotland) Act 1984, section 108 | |
Mental Health (Scotland) Act 1984, section 109 | |
Child Abduction (Northern Ireland) Order 1985, Article 3 | |
Child Abduction (Northern Ireland) Order 1985, Article 4 | |
Mental Health (Northern Ireland) Order 1986, Article 119 | |
Mental Health (Northern Ireland) Order 1986, Article 121 | |
Mental Health (Northern Ireland) Order 1986, Article 122(1)(b) to (e) | |
Mental Health (Northern Ireland) Order 1986, Article 124 | |
Mental Health (Northern Ireland) Order 1986, Article 125 | |
Criminal Justice Act 1988, section 160 | |
Criminal Justice (Evidence)(Northern Ireland) Order 1988, Article 15 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 1 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 2 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 3 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(3) | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 6 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 7(1) or (2) | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 8(1) or (3) | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 9 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 10 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 11 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 13 | |
Sexual Offences (Amendment) Act 2000, section 3 | |
Nationality, Immigration and Asylum Act 2002, section 145 | |
Criminal Justice (Northern Ireland) Order 2003, Article 19 | |
Criminal Justice (Northern Ireland) Order 2003, Article 20 | |
Criminal Justice (Northern Ireland) Order 2003, Article 21 | |
[F38Criminal Justice (Scotland) Act 2003, section 22] | |
[F40Sexual Offences Act 2003, section 1] | |
Sexual Offences Act 2003, section 2 | |
Sexual Offences Act 2003, section 3 | |
Sexual Offences Act 2003, section 4 | |
[F38Sexual Offences Act 2003, section 4(1)(a)] | |
Sexual Offences Act 2003, section 5 | |
Sexual Offences Act 2003, section 6 | |
Sexual Offences Act 2003, section 7 | |
Sexual Offences Act 2003, section 8 | |
Sexual Offences Act 2003, section 9 | |
Sexual Offences Act 2003, section 10 | |
Sexual Offences Act 2003, section 11 | |
Sexual Offences Act 2003, section 12 | |
Sexual Offences Act 2003, section 14 | |
Sexual Offences Act 2003, section 15 | |
Sexual Offences Act 2003, section 16 | |
Sexual Offences Act 2003, section 17 | |
Sexual Offences Act 2003, section 18 | |
Sexual Offences Act 2003, section 19 | |
Sexual Offences Act 2003, section 20 | |
Sexual Offences Act 2003, section 25 | |
Sexual Offences Act 2003, section 26 | |
Sexual Offences Act 2003, section 47 | |
Sexual Offences Act 2003, section 48 | |
Sexual Offences Act 2003, section 49 | |
Sexual Offences Act 2003, section 50 | |
Sexual Offences Act 2003, section 52 | |
Sexual Offences Act 2003, section 53 | |
Sexual Offences Act 2003, section 57 | |
Sexual Offences Act 2003, section 58 | |
Sexual Offences Act 2003, section 59 | |
[F38Sexual Offences Act 2003, section 59A] | |
Sexual Offences Act 2003, section 61 | |
Sexual Offences Act 2003, section 62 | |
Sexual Offences Act 2003, section 63 | |
F41. . . | |
F42. . . | |
[F43Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4] | |
Domestic Violence, Crime and Victims Act 2004, section 5 | |
Mental Capacity Act 2005, section 44 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 1 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 9 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 10 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 11 | |
Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005, section 12 | |
[F38Criminal Justice and Immigration Act 2008, section 63] | |
Sexual Offences (Northern Ireland) Order 2008, Article 6 | |
Sexual Offences (Northern Ireland) Order 2008, Article 7 | |
Sexual Offences (Northern Ireland) Order 2008, Article 8 | |
Sexual Offences (Northern Ireland) Order 2008, Article 12 | |
Sexual Offences (Northern Ireland) Order 2008, Article 13 | |
Sexual Offences (Northern Ireland) Order 2008, Article 14 | |
Sexual Offences (Northern Ireland) Order 2008, Article 15 | |
Sexual Offences (Northern Ireland) Order 2008, Article 16 | |
Sexual Offences (Northern Ireland) Order 2008, Article 17 | |
Sexual Offences (Northern Ireland) Order 2008, Article 18 | |
Sexual Offences (Northern Ireland) Order 2008, Article 19 | |
Sexual Offences (Northern Ireland) Order 2008, Article 21 | |
Sexual Offences (Northern Ireland) Order 2008, Article 22 | |
Sexual Offences (Northern Ireland) Order 2008, Article 23 | |
Sexual Offences (Northern Ireland) Order 2008, Article 24 | |
Sexual Offences (Northern Ireland) Order 2008, Article 25 | |
Sexual Offences (Northern Ireland) Order 2008, Article 26 | |
Sexual Offences (Northern Ireland) Order 2008, Article 27 | |
Sexual Offences (Northern Ireland) Order 2008, Article 32 | |
Sexual Offences (Northern Ireland) Order 2008, Article 33 | |
Sexual Offences (Northern Ireland) Order 2008, Article 37 | |
Sexual Offences (Northern Ireland) Order 2008, Article 38 | |
Sexual Offences (Northern Ireland) Order 2008, Article 39 | |
Sexual Offences (Northern Ireland) Order 2008, Article 40 | |
Sexual Offences (Northern Ireland) Order 2008, Article 62 | |
Sexual Offences (Northern Ireland) Order 2008, Article 63 | |
Sexual Offences (Northern Ireland) Order 2008, Article 65 | |
Sexual Offences (Northern Ireland) Order 2008, Article 66 | |
Sexual Offences (Northern Ireland) Order 2008, Article 67 | |
F44. . . | |
F45. . . | |
[F38Coroners and Justice Act 2009, section 62 | |
Sexual Offences (Scotland) Act 2009, section 1 | |
Sexual Offences (Scotland) Act 2009, section 2 | |
Sexual Offences (Scotland) Act 2009, section 3 | |
Sexual Offences (Scotland) Act 2009, section 4 | |
Sexual Offences (Scotland) Act 2009, section 11 | |
Sexual Offences (Scotland) Act 2009, section 18 | |
Sexual Offences (Scotland) Act 2009, section 19 | |
Sexual Offences (Scotland) Act 2009, section 20] |
Textual Amendments
F19Words in Sch. para. 4 table Pt. 1 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(7)(b)
F20Words in Sch. para. 4 table Pt. 1 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(7)(c)
F21Words in Sch. para. 4 Table Pt. 1 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(c)(i)
F22Words in Sch. para. 4 Table Pt. 1 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(d)
F23Words in Sch. para. 4 table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(7)(d)
F24Words in Sch. para. 4 Table Pt. 1 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(c)(ii)
F25Words in Sch. para. 4 table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(7)(a)
F26Words in Sch. para. 4 Table Pt. 1 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(a)(i)
F27Words in Sch. para. 4 Table Pt. 1 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(b)
F28Words in Sch. para. 4 Table Pt. 1 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(a)(ii)
F29Words in Sch. para. 4 Table Pt. 1 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(a)(iii)
F30Words in Sch. para. 4 Table Pt. 1 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(4)(a)(iv)
F31Words in Sch. para. 4 Table Pt. 1 inserted (12.10.2009) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/306), regs. 1, 6(4)
F32Words in Sch. para. 4 table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(7)(e)
F33Words in Sch. para. 4 table Pt. 1 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(7)(f)
F34Words in Sch. para. 4 Table Pt. 2 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(b)(i)
F35Words in Sch. para. 4 Table Pt. 2 omitted (12.10.2009) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/306), regs. 1, 6(5)(a)
F36Words in Sch. para. 4 Table Pt. 2 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(a)(i)
F37Words in Sch. para. 4 Table Pt. 2 inserted (12.10.2009) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 (S.R. 2009/306), regs. 1, 6(5)(b)
F38Words in Sch. para. 4 table Pt. 2 inserted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(8)(b)
F39Words in Sch. para. 4 table Pt. 2 omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(8)(a)
F40Words in Sch. para. 4 Table Pt. 2 inserted (1.4.2010) by Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(b)(ii)
F41Words in Sch. para. 4 Table Pt. 2 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(a)(ii)
F42Words in Sch. para. 4 Table Pt. 2 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(a)(iii)
F43Words in Sch. para. 4 table Pt. 2 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/319), regs. 1, 2(8)(c)
F44Words in Sch. para. 4 Table Pt. 2 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(a)(iv)
F45Words in Sch. para. 4 Table Pt. 2 omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2010 (S.R. 2010/31), regs. 1, 3(5)(a)(v)
Commencement Information
I13Sch. para. 4 in operation at 13.3.2009, see reg. 1
(This note is not part of the Regulations)
These Regulations prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Barring Board (“IBB”) under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (the IBB was established under section 1 of the Safeguarding Vulnerable Groups Act 2006).
Regulation 4(1) restricts the criteria prescribed under Part 2 to offences committed in Northern Ireland only. Regulation 4(2) restricts the criteria under Part 2 to relevant foreign offences which are the equivalent of offences under Northern Ireland law only. The restrictions will apply for the transitory period only and are intended to ensure that individuals cannot be placed on more than one children’s barred list (or adults’ barred list) by the IBB.
Regulation 5 prescribes the criteria on the basis of which a person will be included automatically in the children’s barred list without having the right to make representations. Regulation 6 prescribes the criteria on the basis of which a person will be included automatically in that list but then allowed to make representations as to why they should be removed from it.
Regulation 5 addresses three categories of person. The first is someone who, before these Regulations came into operation, (i) was made subject to a disqualification order (an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (N.I. 4)), (ii) met conditions under the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 (S.R. 2007/288 – “the 2007 Regulations”) which meant that, had that order not been imposed, the Department of Education would still have been bound to prohibit that person from teaching or working with children without giving that person the right to make representations on the matter, but (iii) the Department of Education did not so prohibit that person. The second is someone who, before these Regulations came into operation, was convicted of or cautioned in relation to an offence meeting conditions under the 2007 Regulations which meant that the Department of Education would have been bound to prohibit that person from teaching or working with children without having the right to make representations on the matter, but the Department did not so prohibit that person. The third is someone who, on or after the coming into operation of these Regulations, has been convicted of or cautioned in relation to, an offence specified in paragraph 1 of the Schedule in any relevant circumstances, where these are prescribed, a “connected offence”, or a “relevant foreign offence” (these two last terms being defined in regulation 2).
Regulation 6 addresses five categories of person. The first is someone who, before these Regulations came into operation, (i) was made subject to a disqualification order, (ii) did not meet conditions under the 2007 Regulations which, but for the imposition of that order, would have led to the Department of Education prohibiting that person from teaching or working with children without giving that person the right to make representations, and (iii) in relation to whom no such prohibition was made. The second is someone who, before these Regulations came into operation, was convicted of or cautioned in relation to an offence meeting conditions under the 2007 Regulations which meant that the Department of Education would have been bound to prohibit that person from teaching or working with children but also to have allowed that person to make representations on the matter, and in relation to whom no such prohibition was made. The third is someone who, on or after the coming into operation of these Regulations, has been made subject to a risk of sexual harm order (within the meaning of section 123 of the Sexual Offences Act 2003 (c. 42) or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)). The fourth is someone who, on or after the coming into operation of these Regulations, has been convicted of or cautioned in relation to, an offence specified in paragraph 2 of the Schedule in any relevant circumstances, where these are prescribed, a connected offence, or a relevant foreign offence. The fifth is someone who, on or after the coming into operation of these Regulations, is made subject to a disqualification order and who does not meet any other criteria prescribed by regulations 5 or 6.
Regulation 7 prescribes the criteria on the basis of which a person will be included in the adults’ barred list without having the right to make representations. Regulation 8 does the same in relation to criteria on the basis of which a person will be included in that list but then have the right to make representations as to why they should be removed from it.
The Schedule to these Regulations sets out the offences under the common law and statute law of England and Wales, Scotland and Northern Ireland which are prescribed for the purposes of these Regulations and, where relevant, the circumstances in which they must have been committed for a particular conviction or caution to meet criteria for automatic inclusion in either the children’s or adults’ barred list. For the purposes of determining whether any of the criteria is satisfied in relation to a person, the IBB must ignore any offence committed by, or any order or direction made in relation to, a person before he attained the age of 18.
Regulation 9 amends the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200) so that anyone who meets criteria prescribed by these Regulations and who is made subject to a disqualification order does not fall to be referred to IBB by the Department of Education in accordance with Article 3 of that Order.
Each of paragraph 1(1), 2(1), 7(1) and 8(1) of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”) refers to criteria prescribed for the purposes of those paragraphs. Article 2(2) of the 2007 Order defines “prescribed” as meaning prescribed by regulations made by the Secretary of State. Paragraph 24 of Schedule 1 to the 2007 Order makes provision as to the criteria that may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 of that Schedule.
2003 c. 42 (“the 2003 Act”).
1955 c.18. So far as relevant, section 70 was amended by Schedule 1 to the Suicide Act 1961 (c.60), section 1(6) of the Genocide Act 1969 (c.12), section 5(1) of the Biological Weapons Act 1974 (c.6), section 7(1) of the Criminal Attempts Act 1981 (c.47),section 35(a) of the Chemical Weapons Act 1996 (c.6), section 12(a) of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c.7), section 74(2)(a) and (b), and (3) of, and Schedule 10 to, the International Criminal Court Act 2001 (c.17), and paragraph 9(a) and (b) of Schedule 6, and Schedule 7, to the Sexual Offences Act 2003 (c.42). Section 70 is to be repealed by Schedule 17 to the Armed Forces Act 2006 (c.52).
1955 c.19. So far as relevant, section 70 was amended by Schedule 1 to the Suicide Act 1961, section 1(6)(b) of the Genocide Act 1969, section 5(1) of the Biological Weapons Act 1974, section 7(1) of the Criminal Attempts Act 1981, section 35(b) of the Chemical Weapons Act 1996, section 12(b) of the Nuclear Explosions (Prohibition and Inspections) Act 1998, section 74(2)(a) and (b), and (3) of, and Schedule 10 to, the International Criminal Court Act 2001, and paragraph 10(a) and (b) of Schedule 6, and Schedule 7, to the Sexual Offences Act 2003. Section 70 is to be repealed by Schedule 17 to the Armed Forces Act 2006.
1957 c.53. So far as relevant, section 42 was amended by section 34(3) of the Armed Forces Act 1971 (c.33), section 7(1) of the Criminal Attempts Act 1981, paragraph 3 of Schedule 1, and Schedule 2, to the Armed Forces Act 1986 (c.21), paragraph 5(1) and (2) of Schedule 3, and paragraph 34(1), (2), (3) and (4) of Schedule 6, and Schedule 7, to the Armed Forces Act 2001 (c.19). Section 42 is to be repealed by Schedule 17 to the Armed Forces Act 2006.
1956 c.69. Section 1 was substituted by section 142 of the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”) and repealed by paragraph 11 of Schedule 6 to the 2003 Act. Sections 2 to 7, 9 to 17 and 19 to 31 (referred to below) were also repealed by this provision of the 2003 Act.
1959 c.72. Section 128 was amended by paragraph 29 of Schedule 15 to the National Health Service Act 1977 (c.49), paragraph 15 of Schedule 4 to the Mental Health Act 1983 (c.20), and paragraph 2 of Schedule 4 to the Care Standards Act 2000 (c.14), and repealed in part by Schedule 16 to the National Health Service Act 1977.
S.I. 1986/595 (N.I. 4). Article 122(1)(a) was amended by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2) and is to be repealed by paragraph 17 of Schedule 1 and by Schedule 3 to the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769) (N.I. 2) (“the 2008 Order”).
Article 123 was amended by Article 2 of the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429) (N.I. 2) and is to be repealed by paragraph 17 of Schedule 1 and by Schedule 3 to the 2008 Order.
Section 313 was amended by paragraph 70 of Schedule 28 to the Civil Partnership Act 2004 (c.33).
S.I. 2008/1769 (N.I. 2). The provisions of this Order referred to in this Schedule were not in force on the making of these Regulations.
1885 c.69. Section 4 was repealed by Schedule 4 to the Sexual Offences Act 1956, in relation to England and Wales, by Schedule 2 to the Sexual Offences (Scotland) Act 1976 (c.67), in relation to Scotland, and is to be repealed in relation to Northern Ireland by paragraph 5 of Schedule 1 and by Schedule 3 to the 2008 Order.
Section 5 was repealed by paragraph 11 of Schedule 6 to the Sexual Offences Act 2003 (“the 2003 Act”).
1976 c.67. The Sexual Offences (Scotland) Act 1976 was repealed by Schedule 3 to the Crime and Punishment (Scotland) Act 1997 (c.48).
1995 c.39. Section 5(2) was amended by section 14 of the Crime and Punishment (Scotland) Act 1997 (c.48). Section 5 was amended by section 15 of the Protection and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9).
Section 61 was repealed so far as relevant by paragraph 1 of Schedule 1 to The Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247) (N.I. 13).
Section 62 was repealed in relation to Northern Ireland by paragraph 4 of Schedule 6 and by Schedule 7 to the 2003 Act.
Section 11 was repealed by paragraph 5 of Schedule 6 to the 2003 Act.
1908 c.45. Sections 1 and 2 are to be repealed by paragraph 6 of Schedule 1 and by Schedule 3 to the 2008 Order.
Section 10 was repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.
Section 11 was repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.
Section 12 was amended by section 143 of the 1994 Act and sections 1 and 2 of the Sexual Offences (Amendment) Act 2000 (c.44) (“the 2000 Act”) and repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.
Section 13 was amended by section 2 of the 2000 Act and repealed by paragraph 11(a) of Schedule 6 and by Schedule 7 to the 2003 Act.
1971 c.38. Section 4 extends to Scotland and Northern Ireland (see section 40).
1976 c.67. Sections 2A and 2B were inserted by section 1 of the Incest and Related Offences (Scotland) Act 1986 (c.36) but repealed by paragraph 6 of Schedule 1 to the Crime and Punishment (Scotland) Act 1997 (c.48).
1979 c.2. Section 170 extends to Scotland and Northern Ireland
1980 c.62. Section 80 was repealed by Schedule 5 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40).
Section 13 was amended by sections 1 and 2 of the 2000 Act, section 10 of the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7) and Schedule 5 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).
S.I. 2003/1247 (N.I. 13). Article 21 is to be repealed by paragraph 32 of Schedule 1 and by Schedule 3 to the 2008 Order.
Section 62(2) defines “relevant sexual offence”.
Section 63(2) provides that “relevant sexual offence” has the same meaning as in section 62(2).
Sections 66 and 67 are to be repealed in relation to Northern Ireland by Schedule 3 to the 2008 Order.
Article 66(2) defines “relevant sexual offence”.
Article 67(2) provides that “relevant sexual offence” has the same meaning as in Article 66.
Sections 53 to 55 are to be repealed by paragraph 4 of Schedule 1 and by Schedule 3 to the 2008 Order.
1885 c.69. Sections 2 to 8 are to be repealed in relation to Northern Ireland by paragraph 5 of Schedule 1 and by Schedule 3 to the 2008 Order. The Criminal Law Amendment Act 1885 was repealed in relation to England and Wales by Schedule 4 to the Sexual Offences Act 1956.
1898 c.39. The Vagrancy Act 1898 was repealed by Schedule 7 to the 2003 Act.
1933 c.12. Section 1 was amended by S.I. 1951/174, section 32(2) of the Magistrates’ Courts Act 1980 (c.43), section 45 of the Criminal Justice Act 1988 (c.33) and by paragraph 2 of Schedule 12 and paragraph 2 of Schedule 13 to the Children Act 1989 (c.41). It was repealed in part by paragraph 1 of Schedule 3 and by Schedule 5 to the Children and Young Persons Act 1963 (c.37), paragraph 13(1) of Schedule 2 and Part III of Schedule 3 to the Criminal Law Act 1967 (c.58), by Part III of Schedule 4 to the Children Act 1975 (c.72), Schedule 16 to the Criminal Justice Act 1988 and by section 58(5) of, and Part 5 of Schedule 5 to, the Children Act 2004 (c.31).
1937 c.37. Section 12(1) was amended by paragraph 2 of Schedule 3 to the Children Act 1975, section 45(1) and (2) of the Criminal Justice Act 1988 and by paragraph 7(2)(a) of Schedule 4 to the Children (Scotland) Act 1995 (c.36). It was repealed in part by Part III of Schedule 4 to the Children Act 1975.
1938 c.36. Section 1 was repealed in part by Part III of Schedule 3 to the Criminal law Act 1967.
Sections 2 to 7, 9 to 17 and 19 to 31 were repealed by Schedule 7 to the Sexual Offences Act 2003 (c.42) (“the 2003 Act”).
1959 c.72. Section 128 was amended by section 1(4) of the Sexual Offences Act 1967 (c.60) and by other provisions including paragraph 2 of Schedule 4 to the Care Standards Act 2000 (c.14), and was repealed by the 2003 Act.
1960 c.33. Section 1 was amended by section 39 of the Criminal Justice and Court Services Act 2000 (c.43) and repealed by Schedule 7 to the 2003 Act.
1967 c.60. Sections 4 and 5 were repealed by Schedule 7 to the 2003 Act.
1968 c.60. Section 9, in relation to intent to commit rape, was repealed by paragraph 17 of Schedule 6 to the 2003 Act.
Section 21 was amended by paragraph 18(2) of Schedule 6 to the 2003 Act.
Section 22 was amended by section 40 of the Criminal Justice and Court Services Act 2000.
Sections 2C and 4 were repealed by Schedule 3 to the Crime and Punishment (Scotland) Act 1997 (c.48).
1977 c.45. Section 54 was repealed by Schedule 7 to the 2003 Act.
1978 c.37. Section 1 was amended by section 84 of the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”) and paragraph 24 of Schedule 6 to the 2003 Act.
S.I. 1978/1047 (N.I. 17). Article 3 was amended by section 84 of the 1994 Act.
S.I. 1980/704 (N.I. 6). Article 9 is to be repealed by paragraph 14 of Schedule 1 and by Schedule 3 to the 2008 Order.
S.I. 1982/1536 (N.I. 19). Articles 7 and 8 were repealed by Schedule 7 to the 2003 Act.
1982 c.45. Section 52 was amended by paragraph 89 of Schedule 15 to the Criminal Justice Act 1998, section 84(6) of, and paragraph 17 of Schedule 9 to, the Criminal Justice and Public Order Act 1994 (c.33), S.I. 1995/127, and paragraph 44(3) of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40).
Section 52A was inserted by section 161 of the Criminal Justice Act 1988.
Section 127 was amended by paragraph 9(1) and (8) of Schedule 4 to the Care Standards Act 2000 (c.14) and by section 42 of Mental Health Act 2007 (c.12). It was repealed in part by part 5 of Schedule 11 to the Mental Health Act 2007.
1984 c.37. Section 1 was amended by paragraph 37 of Schedule 12 to the Children Act 1989 (c.41) and paragraph 42 of Schedule 3 to the Adoption and Children Act 2002 (c.38), and repealed in part by Schedule 5 to the Adoption and Children Act 2002.
Section 2 was amended by paragraph 38 of Schedule 12 to the Children Act 1989.
Section 6 was amended by paragraph 20(a) of Schedule 1 to the Law Reform (Parent and Child) (Scotland) Act 1986 (c.9) and paragraph 34 of Schedule 4 to the Children (Scotland) Act 1995 (c.36). It was repealed in part by Schedule 2 to the Age of Legal Capacity (Scotland) Act 1991 (c.50).
1984 c.36. Section 105 was amended by paragraph 6 of Schedule 2 to the Mental Health (Patients in the Community) Act 1995 and by paragraph 11 of Schedule 3 to the Regulation of Care (Scotland) Act 2001 (asp 8). It was repealed in part by Schedule 6 to the Adults with Incapacity (Scotland) Act 2000 (asp 4).
Section 108 was repealed in part by Schedule 6 to the Adults with Incapacity (Scotland) Act 2000.
Section 109 was amended by paragraph 7 of Schedule 2 to the Mental Health (Patients in the Community) Act 1995.
S.I. 1985/1638 (N.I. 17). Article 3 was amended by paragraph 121 of Schedule 9 to the Children (Northern Ireland) Order 1995 (S.I. 1995/755) (N.I. 2).
Article 4 was amended by paragraph 122 of Schedule 9 to the Children (Northern Ireland) Order 1995.
Article 121 was amended by Schedule 1 to the Health and Personal Social Services (Northern Ireland) Order 1994 (S.I. 1994/429) (N.I. 2).
1988 c.33. Section 160 was amended by section 84 of the 1994 Act and paragraph 29 of Schedule 6 to the 2003 Act.
2000 c.44. Section 3 extends to Scotland and Northern Ireland (see section 7(2) and (4)) but was repealed in relation to England and Wales and Northern Ireland by the 2003 Act.
2002 c.41. Section 145 extends to Northern Ireland (see section 163(2)) but was repealed by the 2003 Act.
S.I. 2003/1247 (N.I. 13). Articles 19 and 20 are to be repealed by paragraph 32(b) and (c) of Schedule 1 and by Schedule 3 to the 2008 Order.
Sections 15 to 20 and 47 to 53 are to be repealed in relation to Northern Ireland by Schedule 3 to the 2008 Order.
Sections 57 to 59 extend to Northern Ireland (see section 142(2)(a)).
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