- Latest available (Revised)
- Point in Time (12/11/2009)
- Original (As made)
Version Superseded: 01/04/2010
Point in time view as at 12/11/2009. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Section 25 is up to date with all changes known to be in force on or before 05 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
25.—(1) A reference to a controlled activity relating to children must be construed in accordance with this Article.
(2) An activity which falls within any of paragraphs (3) to (7) is a controlled activity to the extent that it is not a regulated activity relating to children.
(3) An activity falls within this paragraph if—
(a)it consists in or is carried out in connection with any form of health care, treatment or therapy to which paragraph (8) applies,
(b)it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
(c)it gives the person an opportunity mentioned in paragraph (9).
(4) An activity falls within this paragraph if—
(a)it is carried out in an institution of further education,
(b)it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days,
(c)it is carried out by the person while engaging in any form of work (whether or not for gain),
(d)it is carried out for or in connection with the purposes of the institution, and
(e)it gives the person the opportunity mentioned in paragraph (9)(a).
(5) An activity falls within this paragraph if—
(a)it consists in making payments under Article 18C of the Children Order or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them,
(b)it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
(c)it gives the person the opportunity mentioned in paragraph (9)(a).
(6) An activity falls within this paragraph if it is carried out as mentioned in paragraph (10) frequently and it gives a person carrying out the activity the opportunity to have access to—
(a)health, educational or [F1social care] records relating to children;
(b)information provided pursuant to Article 24 of the Education (Northern Ireland) Order 2006 (NI 11);
(c)in the case of a person carrying out an activity mentioned in paragraph [F2(10)(b)], records of family proceedings (within the meaning of Article 8(3) of the Children Order) held by an [F3HSC body].
(7) An activity falls within this paragraph if it consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity which falls within paragraph (3), (4) or (6).
(8) This paragraph applies to health care, treatment or therapy which is provided for a child—
(a)in pursuance of arrangements made by or under a statutory provision,
(b)in an establishment in relation to which a requirement to register arises under Article 12 of the 2003 Order, or
(c)by an agency in relation to which such a requirement arises.
(9) The opportunities are—
(a)opportunity to have any form of contact with children;
(b)opportunity to have access to the health records of children.
(10) The activity is carried out—
(a)for, or on behalf of, an education and library board;
(b)for, or on behalf of, an [F3HSC body] in the exercise of its functions relating to [F1social care];
(c)for, or on behalf of, the Council for the Curriculum, Examinations and Assessments;
(d)for, or on behalf of, inspectors appointed under Article 102 of the Education and Libraries (Northern Ireland) Order 1986;
(e)for, or on behalf of, an establishment or agency in respect of which a requirement to register arises under Article 12 of the 2003 Order.
(11) In this Article “ [F1social care] records” means records obtained or held by an [F3HSC body] in the exercise of its functions relating to [F1social care].
(12) The Secretary of State may, by order, amend paragraphs (2) to (11) (including by adding new paragraphs or omitting or varying any of the paragraphs or anything contained in them).
Textual Amendments
F1Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2
F2Words in art. 25(6)(c) substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(4)
F3Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)
Commencement Information
I1Art. 25 wholly in operation at 7.4.2010; art. 25 not in operation at date of making see. art. 1(3); art. 25 in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(2)(b); art. 25 in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.; art. 25 in operation at 7.4.2010 in so far as not already in operation by S.R. 2010/145, art. 2
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
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: