- Latest available (Revised)
- Original (As enacted)
Protection of Freedoms Act 2012, Paragraph 13 is up to date with all changes known to be in force on or before 15 August 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
13(1)In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (duty of supervisory authorities to refer)—N.I.
(a)in paragraph (1)—
(i)for “must” substitute “ may ”, and
(ii)omit “prescribed”,
(b)in paragraph (4)—
(i)in sub-paragraph (a), for “engaged or may engage” substitute “ or has been, or might in future be, engaged ”,
(ii)also in sub-paragraph (a), omit “or controlled activity”, and
(iii)in sub-paragraph (b) for “, 2, 7 or 8” substitute “ or 7 ”,
(c)in paragraph (5) omit “prescribed”,
(d)omit paragraph (6), and
(e)in the heading for “duty” substitute “ power ”.
(2)In Article 49 of that Order (supervisory authorities: power to apply for vetting information)—
(a)in the heading for “vetting” substitute “ certain barring ”,
(b)in paragraph (1) for “the Secretary of State”, in both places where it occurs, substitute “ ISA ”,
(c)in paragraph (2) omit sub-paragraphs (b) to (e),
(d)in paragraph (3) omit sub-paragraphs (b) to (e),
(e)omit paragraph (5), and
(f)in paragraph (7) for “prescribe” substitute “ determine ”.
(3)In Article 50 of that Order (supervisory authorities: notification of barring etc. in respect of children)—
(a)in paragraph (1)—
(i)for “This Article” substitute “ Paragraph (2) ”,
(ii)in sub-paragraph (a) omit “newly”,
(iii)at the end of sub-paragraph (a) insert “ or ”,
(iv)in sub-paragraph (b) for “becomes” substitute “ is ”, and
(v)omit sub-paragraph (c) and the word “or” before it,
(b)in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,
(c)after paragraph (2) insert—
“(2A)The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.”,
(d)in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
(e)in paragraph (5)—
(i)after “withdrawn if” insert “—
(a)”, and
(ii)for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
(f)also in paragraph (5), at the end, insert “, or
(b)the Secretary of State cancels the application on either of the following grounds—
(i)that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or
(ii)that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).”, and
(g)in paragraph (8) for “prescribe” substitute “ determine ”.
(4)In Article 51 of that Order (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—
(a)in paragraph (1)—
(i)for “This Article” substitute “ Paragraph (2) ”,
(ii)in sub-paragraph (a) omit “newly”,
(iii)at the end of sub-paragraph (a) insert “ or ”,
(iv)in sub-paragraph (b) for “becomes” substitute “ is ”, and
(v)omit sub-paragraph (c) and the word “or” before it,
(b)in paragraph (2) for “, (b) or (c)” substitute “ or (b) ”,
(c)after paragraph (2) insert—
“(2A)The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.”,
(d)in paragraph (3)(a) for the words from “if” to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
(e)in paragraph (5)—
(i)after “withdrawn if” insert “—
(a)”, and
(ii)for the words from “if”, where it appears for the second time, to “occurs” substitute “ of any circumstance mentioned in paragraph (1) ”,
(f)also in paragraph (5), at the end, insert “, or
(b)the Secretary of State cancels the application on either of the following grounds—
(i)that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or
(ii)that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).”, and
(g)in paragraph (8) for “prescribe” substitute “ determine ”.
(5)In Article 52 of that Order (provision of information to supervisory authorities)—
(a)in paragraph (2) for “must” substitute “ may (whether on an application by the authority or otherwise) ”,
(b)in paragraph (3)—
(i)in sub-paragraph (b), after “the authority” insert “ which is mentioned in Article 47(7) ”, and
(ii)for the words from “or information” to “occurred” substitute “ or of any circumstance mentioned in Article 50(1) or 51(1) ”, and
(c)after paragraph (3) insert—
“(4)A supervisory authority may apply to ISA under this Article only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in Article 47(7).
(5)The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.”
Commencement Information
I1Sch. 7 para. 13(1)(2)(3)(g)(4)(g)(5) in force at 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) by S.I. 2012/2234, art. 2(z)(vi)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: