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The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009

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Prescribed criteria – automatic inclusion in the children’s barred list with the right to make representationsN.I.

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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(1) or section 2 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005(2).

(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.

Commencement Information

I1Reg. 6 in operation at 13.3.2009, see reg. 1

(1)

2003 c. 42 (“the 2003 Act”).

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