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

Amendment of Article 7 of the 2009 Order (transitional and savings provisions: persons prohibited from teaching or working with children: The Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007)

8.—(1) Article 7 of the 2009 Order is amended in accordance with paragraphs (2) to (6).

(2) In paragraph (2)(c) for “regulation 9” substitute “regulation 7 or 9”.

(3) For paragraph (4)(a) substitute—

“(a) a prohibition in relation to P is revoked under regulation 7, 9 or 11 of the 2007 Regulations and—

(i) there is no outstanding appeal relating to the revocation of the prohibition, and

(ii) the period of time in which any appeal relating to the revocation of the prohibition may be made has expired.”.

(4) For paragraph (4)(b) substitute—

“(b) P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and—

(i) ISA is not required under Article 3(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or

(ii) where ISA is required under that Article to give P the opportunity to make such representations, it decides not to remove P from that list, and

(iii) where paragraph (i) or (ii) applies—

(aa) there is no outstanding review relating to a prohibition made in relation to P under regulations 4 or 6 of the 2007 Regulations,

(bb) there is no outstanding appeal relating to a decision not to revoke a prohibition made in relation to P, and

(cc) the period of time in which any appeal relating to the decision not to revoke a prohibition in relation to P may be made has expired;”.

(5) After paragraph (4) insert—

“(4A) Where P has been included in the children’s barred list in accordance with Article 3(2)(a) of the 2008 Order and where paragraph (4)(a) is satisfied at any time whilst P is so included, ISA must remove P from that list unless it is satisfied that paragraph 1 or 2 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.”.

(6) After paragraph (5) insert—

“(6) For the purposes of paragraph (4)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Education for the purposes of determining whether a prohibition made in relation to P should be revoked under regulation 7 or 9 of the 2007 Regulations.”.