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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
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Changes over time for: Paragraph 19
Changes to legislation:
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Paragraph 19 is up to date with all changes known to be in force on or before 02 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 1 Paragraph 19:
- Sch. 1 para. 5A inserted by 2012 c. 9 Sch. 7 para. 11(1)
- Sch. 1 para. 11A inserted by 2012 c. 9 Sch. 7 para. 11(3)
- art. 32A 32B substituted for art. 32-34 by 2012 c. 9 Sch. 7 para. 9(1)
- art. 35(3A)-(3D) inserted by 2012 c. 9 Sch. 7 para. 9(2)(c)
- art. 36ZA inserted by 2012 c. 9 Sch. 7 para. 10
- art. 50(2A) inserted by 2012 c. 9 Sch. 7 para. 13(3)(c)
- art. 50(5)(b) and word inserted by 2012 c. 9 Sch. 7 para. 13(3)(f)
- art. 51(2A) inserted by 2012 c. 9 Sch. 7 para. 13(4)(c)
- art. 51(5)(b) and word inserted by 2012 c. 9 Sch. 7 para. 13(4)(f)
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 1 para. 5A inserted by 2012 c. 9 Sch. 7 para. 11(1)
- Sch. 1 para. 11A inserted by 2012 c. 9 Sch. 7 para. 11(3)
- art. 32A 32B substituted for art. 32-34 by 2012 c. 9 Sch. 7 para. 9(1)
- art. 35(3A)-(3D) inserted by 2012 c. 9 Sch. 7 para. 9(2)(c)
- art. 36ZA inserted by 2012 c. 9 Sch. 7 para. 10
- art. 50(2A) inserted by 2012 c. 9 Sch. 7 para. 13(3)(c)
- art. 50(5)(b) and word inserted by 2012 c. 9 Sch. 7 para. 13(3)(f)
- art. 51(2A) inserted by 2012 c. 9 Sch. 7 para. 13(4)(c)
- art. 51(5)(b) and word inserted by 2012 c. 9 Sch. 7 para. 13(4)(f)
This section has no associated Explanatory Memorandum
19.—(1) [F1DBS] may require—
(a)any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies [F2or appears to apply] ;
(b)any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs [F3applies or appears to apply] ;
(c)the [F4relevant chief officer] to provide to it any such relevant information;
F5(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records [F6reasonably believes to] be relevant in relation to the regulated activity concerned.
(3) For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the [F7relevant ] chief officer [F6reasonably believes to] be relevant in relation to the regulated activity concerned.
(4) [F1DBS] must pay to the appropriate police authority such fee as the Secretary of State thinks appropriate for information provided to [F1DBS] in accordance with sub-paragraph (1)(c).
(5) For the purpose of deciding under this Schedule whether or not a person is included in a barred list [F1DBS] must not take account of relevant police information if the [F8relevant chief officer ] thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.
(6) In sub-paragraph (5) relevant police information is information F9...obtained by [F1DBS] in pursuance of subparagraph (1)(c) F10....
(7) In this paragraph—
“caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);
[F11“the relevant chief officer” means any chief officer of a police force who is identified by the Secretary of State for the purposes of this paragraph;]
[F12(7A) Subsections (10) and (11) of section 113B of the Police Act 1997 apply for the purposes of the definition of “the relevant chief officer” as they apply for the purposes of that section.]
(8) If [F1DBS] so requests, the Secretary of State must inform [F1DBS] [F13who is the relevant chief officer] in relation to a person.
Textual Amendments
F1Word in Sch. 1 paras. 13-21 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(f)(vii) (with Pt. 4)
F2Words in Sch. 1 para. 19(1)(a) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 7(1)(a)(i); S.I. 2012/2234, art. 2(z)(i)
F3Words in Sch. 1 para. 19(1)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 7(1)(a)(ii); S.I. 2012/2234, art. 2(z)(i)
F4Words in Sch. 1 para. 19(1)(c) substituted (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(2); S.R. 2015/358, art. 2(m)(i)
F5Sch. 1 para. 19(1)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 7(1)(a)(iii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)
F6Words in Sch. 1 para. 19(2) (3) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 7(1)(b); S.I. 2012/2234, art. 2(z)(i)
F7Word in Sch. 1 para. 19(3) inserted (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(3); S.R. 2015/358, art. 2(m)(i)
F8Words in Sch. 1 para. 19(5) substituted (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(4); S.R. 2015/358, art. 2(m)(i)
F9Words in Sch. 1 para. 19(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 7(1)(c)(i), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)
F10Words in Sch. 1 para. 19(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 7(1)(c)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)
F11Words in Sch. 1 para. 19(7) substituted (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(5); S.R. 2015/358, art. 2(m)(i)
F12Sch. 1 para. 19(7A) inserted (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(6); S.R. 2015/358, art. 2(m)(i)
F13Words in Sch. 1 para. 19(8) substituted (2.11.2015) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 5 para. 20(7); S.R. 2015/358, art. 2(m)(i)
Commencement Information
I1Sch. 1 para. 19 wholly in operation; Sch. 1 para. 19 not in operation at date of making see art. 1(3); Sch. 1 para. 19 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 19(1)(b) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(v); Sch. 1 para. 19 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(i)
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