- Latest available (Revised)
- Point in Time (14/04/2008)
- Original (As made)
Point in time view as at 14/04/2008. This version of this provision is not valid for this point in time.
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Section 26 is up to date with all changes known to be in force on or before 16 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.
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.
Valid from 13/03/2009
26.—(1) A reference to a controlled activity relating to vulnerable adults must be construed in accordance with this Article.
(2) An activity which is ancillary to or is carried out wholly or mainly in relation to an activity which falls within paragraph (4) is a controlled activity to the extent that it is not a regulated activity relating to vulnerable adults if—
(a)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
(b)it gives the person an opportunity mentioned in paragraph (5).
(3) An activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in paragraph (2) is also a controlled activity relating to vulnerable adults.
(4) Each of the following falls within this paragraph—
(a)the provision of primary care services;
(b)the provision of hospital services;
(c)the provision of domiciliary care;
(d)the making of arrangements in connection with an adult placement scheme;
(e)the provision of personal social services;
(f)the making of payments under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6);
(g)such other activity as is prescribed.
(5) The opportunities are—
(a)opportunity to have any form of contact with a vulnerable adult;
(b)opportunity to have access to the health records or personal social services records (within the meaning of Article 25(11)) of a vulnerable adult;
(c)opportunity to have access to such other information as may be prescribed relating to a vulnerable adult.
(6) In this Article—
“adult placement scheme” means a scheme—
under which an individual agrees with the person carrying on the scheme to provide care or support (which may include accommodation) to an adult who is in need of it, and
in respect of which a requirement to register arises under Article 12 of the 2003 Order;
“domiciliary care” must be construed in accordance with Article 3(4) and (5);
“hospital services” means in-patient or out-patient services provided by—
an HSS body;
an independent hospital (within the meaning of Article 2 of the 2003 Order);
an independent clinic (within the meaning of that Article);
an independent medical agency (within the meaning of that Article);
“primary care services” means any of the following—
primary medical services or primary dental services provided under the 1972 Order;
general ophthalmic services provided in accordance with Article 62 of that Order;
pharmaceutical services provided in pursuance of arrangements made under Article 63 of that Order ;
a service which corresponds to a service mentioned in any of sub-paragraphs (a) to (c) but which is provided otherwise than by virtue of arrangements made pursuant to a statutory provision mentioned in that sub-paragraph.
Commencement Information
I1Art. 26 wholly in operation at 7.4.2010; art. 26 not in operation at date of making see. art. 1(3); art. 26(1)-(4)(5)(a)(b) and (6) in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(2)(c); art. 26 in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.; art. 26 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: