Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010

Further repeal of provisions of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

3.—(1) The repeal of the remaining provisions of POCVA by Article 60(2) of, and Schedule 8 to the Order shall come into operation on the day after the day on which this Order is made for the purposes specified in paragraph (2).

(2) Article 30 of POCVA shall cease to have effect for the purpose of making it an offence for a person knowingly to—

(a) offer work in a regulated position to,

(b) procure work in a regulated position for, or

(c) fail to remove from a regulated position

a person falling within paragraph (3).

(3) A person (“P”) falls within this paragraph if P is disqualified from working with children only by reason of a disqualification order falling within paragraph (4) and P—

(a) is or has at any time been barred from regulated activity relating to children by virtue of Article 7(2) of the Order, or

(b) has been included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order, but is removed from that list by the ISA in accordance with Article 3(4) of that Order.

(4) A disqualification order falls within this paragraph if—

(a) P was subject to the disqualification order immediately before ISA included P in the children’s barred list, and

(b) at that time ISA was aware that P was subject to the disqualification order.

(5) In paragraph (1) “the remaining provisions of POCVA” means the provisions of that Order other than those referred to in the Schedule to the 2009 Order.