The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Title and commencement N.I.

Title and commencement N.I.

1.—(1) This Order may be cited as the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

(2) This Article and Articles 2 to 4, 58 and 61 come into operation two weeks after the day on which this Order is made.

(3) The other provisions of this Order come into operation on such day or days as the Secretary of State may by order appoint.

Subordinate Legislation Made

P1 Art. 1(3) power partly exercised: different dates appointed for specified provisions by S.R. 2008/127, arts. 3, 4;

29.5.2008 appointed for specified provisions by S.R. 2008/233, arts. 3, 4, 5;

13.3.2009 appointed for specified provisions by S.R. 2009/41, art. 3;

12.10.2009 appointed for specified provisions by S.R. 2009/304, art. 3;

12.10.2009 appointed for specified provisions by S.R. 2009/346, arts. 3, 4;

7.4.2010 appointed for specified provisions by S.R. 2010/145, arts. 2, 3

Interpretation N.I.

Interpretation N.I.

2.—(1) Subject to Article 22(1), the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

[F1 (2A)]  In this Order—

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);

“the 2003 Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9);

[F2 “adult” means a person who has attained the age of 18; ]

“the adults' barred list” must be construed in accordance with Article 6(1)(b);

“barred list” means the children's barred list or the adults' barred list;

“child” means a person who has not attained the age of 18;

“the Children Order” means the Children (Northern Ireland) Order 1995 (NI 2);

“the children's barred list” must be construed in accordance with Article 6(1)(a);

“employment agency” and “employment business” must be construed in accordance with Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20);

[F3 “HSC body” means any of the following within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009—

(a)

the Regional Health and Social Care Board;

(b)

the Regional Agency for Public Health and Social Well-being;

(c)

a HSC trust;

(d)

a special agency;

(e)

the Patient and Client Council;]

“ [F4 DBS] ” must be construed in accordance with Article 5;

F5 ...

“ [F6 social care]” has the same meaning as in the 1972 Order;

“personnel supplier” means—

(a)

a person carrying on an employment agency or an employment business, or

(b)

an educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated F7 ... activity;

“prescribed” means prescribed by regulations made by the Secretary of State;

[F8 “RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;]

“statutory provision” must be construed in accordance with section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c,33);

“supervisory authority” must be construed in accordance with Article 47(7);

“vulnerable adult” [F9 means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is provided] .

(2) A reference (however expressed) to a person being barred must be construed in accordance with Article 7.

F10 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this Order affects any power to provide information which exists apart from this Order.

Textual Amendments

F1 Art. 2(2A): art. 2(2) renumbered as art. 2(2A) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(3); S.I. 2012/2234, art. 2(aa)(v)

F2 Words in art. 2(2) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 2(1)(a); S.I. 2012/2234, art. 2(z)(i)

F3 Art. 2(2): definition of "HSC body" substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(2)

F4 Word in art. 2 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(a) (with Pt. 4)

F5 Words in art. 2(2) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(2)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F6 Words 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

F7 Words in art. 2(2) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F8 Art. 2(2): definition of "RQIA" substituted (1.4.2010) for definition of "the Regulation and Improvement Authority" by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 15(1)

F9 Words in art. 2(2) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 2(1)(b); S.I. 2012/2234, art. 2(z)(i)

F10 Art. 2(3) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Vulnerable adults N.I.

F11 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Art. 3 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 2(2), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Family and personal relationships N.I.

4.—(1) This Order does not apply to any activity which is carried out in the course of a family relationship.

(2) This Order does not apply to any activity which is carried out—

(a) in the course of a personal relationship, and

(b) for no commercial consideration.

(3) A family relationship includes a relationship between two persons who—

(a) live in the same household, and

(b) treat each other as though they were members of the same family.

(4) A personal relationship is a relationship between or among friends.

(5) A friend of a person (A) includes a person who is a friend of a member of A's family.

(6) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—

(a) carried out in the course of a family relationship;

(b) carried out in the course of a personal relationship.

Barring N.I.

Prospective

The [F12 Disclosure and Barring Service] N.I.

[F12 5.   In this Order references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.]

Textual Amendments

F12 Art. 5 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 7 (with Pt. 4)

Barred lists N.I.

6.—(1)  [F13 DBS] must F14 ... maintain—

(a) the children's barred list;

(b) the adults' barred list.

(2) Part I of Schedule 1 applies for the purpose of determining whether an individual is included in the children's barred list.

(3) Part II of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.

(4) Part III of that Schedule contains supplementary provision.

(5) In respect of an individual who is included in a barred list, [F13 DBS] must keep other information of such description as is prescribed.

Textual Amendments

F13 Word in art. 6 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(a) (with Pt. 4)

F14 Words in art. 6 omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 8 (with Pt. 4)

Commencement Information

I1 Art. 6 wholly in operation; art. 6 not in operation at date of making see art. 1(3); art. 6(2)(3)(4)(5) in operation for certain purposes at 14.3.2008 by S.R. 2008/127, art. 3(a)(b)(c); art. 6 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); art. 6(2)(3)(4) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(v), art. 5(n); art. 6 in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(1)(a); art. 6 in operation at 12.10.2009 insofar as not already in operation by S.R. 2009/346, art. 3, Sch.

Barred persons N.I.

7.—(1) A reference to a person being barred from regulated activity must be construed in accordance with this Article.

(2) A person is barred from regulated activity relating to children if he is—

(a) included in the children's barred list; or

(b) included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

(3) A person is barred from regulated activity relating to vulnerable adults if he is—

(a) included in the adults' barred list; or

(b) included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

Modifications etc. (not altering text)

C1 Art. 7 excluded (12.10.2009) by Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) Order (Northern Ireland) 2009 (S.R. 2009/346), arts. 5(6), 6(6), 7(5)

Commencement Information

I2 Art. 7 wholly in operation; art. 7 not in operation at date of making see art. 1(3); art. 7(2)(b)(3)(b) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(a); art. 7 in operation at 12.10.2009 insofar as not already in operation by S.R. 2009/346, art. 3, Sch.

Appeals N.I.

8.—(1) An individual who is included in a barred list may appeal to the Care Tribunal against—

F15 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a decision under paragraph [F16 2, ] 3, 5, [F17 8,] 9 or 11 of [F18 Schedule 1] to include him in the list;

(c) a decision under paragraph 17 [F19 , 18 or 18A ] of that Schedule not to remove him from the list.

(2) An appeal under paragraph (1) may be made only on the grounds that [F20 DBS] has made a mistake—

(a) on any point of law;

(b) in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.

(3) For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4) An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.

(5) Unless the Care Tribunal finds that [F20 DBS] has made a mistake of law or fact, it must confirm the decision of [F20 DBS] .

(6) If the Care Tribunal finds that [F20 DBS] has made such a mistake it must—

(a) direct [F20 DBS] to remove the person from the list, or

(b) remit the matter to [F20 DBS] for a new decision.

(7) If the Care Tribunal remits a matter to [F20 DBS] under paragraph (6)(b)—

(a) the Care Tribunal may set out any findings of fact which it has made (on which [F20 DBS] must base its new decision); and

(b) the person must be removed from the list until [F20 DBS] makes its new decision, unless the Care Tribunal directs otherwise.

(8) In this Article “the Care Tribunal” means the Tribunal established under Article 44 of the 2003 Order.

Textual Amendments

F15 Art. 8(1)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(a), Sch. 10 Pt. 5 ; S.I. 2012/2234, art. 2(aa)(v)(bb)

F16 Word in art. 8(1)(b) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(b)(i) ; S.I. 2012/2234, art. 2(aa)(v)

F17 Word in art. 8(1)(b) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(b)(ii) ; S.I. 2012/2234, art. 2(aa)(v)

F18 Words in art. 8(1)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(b)(iii) ; S.I. 2012/2234, art. 2(aa)(v)

F19 Words in art. 8(1)(c) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 77(c) ; S.I. 2012/2234, art. 2(aa)(v)

F20 Word in art. 8 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(a) (with Pt. 4)

Modifications etc. (not altering text)

C2 Art. 8 applied (16.6.2008) by Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), art. 3(6)

C3 Art. 8 applied (16.6.2008) by Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 (S.R. 2008/200), art. 5(6)

Commencement Information

I3 Art. 8 wholly in operation at 29.5.2008; art. 8 not in operation at date of making see art. 1(3); art. 8 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(b); art. 8 in operation at 29.5.2008 insofar as not already in operation by S.R. 2008/233, art. 3(a)

Regulated activity N.I.

Regulated activity N.I.

9.—(1) A reference to regulated activity relating to children must be construed in accordance with Part I of Schedule 2.

(2) A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part II of that Schedule.

(3) The Secretary of State may by order amend that Schedule, or any of the modifications of that Schedule in the provisions mentioned in paragraph (4), so as to vary the meaning of—

(a) regulated activity relating to children;

(b) regulated activity relating to vulnerable adults.

(4) The provisions are—

(a) Article 11(5),

(b) Article 13(5),

F21 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) Article 23(8),

F21 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F21 Art. 9(4)(c)(e) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 78, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I4 Art. 9 wholly in operation; art. 9 not in operation at date of making see art. 1(3); art. 9(1)(2) in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(c); art. 9(1)(2)(3)(4) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(w), art. 5(b); art. 9 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(b)

Regulated activity providers N.I.

Regulated activity providers N.I.

10.—(1) A reference to a regulated activity provider must be construed in accordance with this Article.

(2) A person (P) is a regulated activity provider if—

(a) he is responsible for the management or control of regulated activity,

(b) if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and

(c) he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity.

(3) A person (P) is also a regulated activity provider if Article 55(4) (fostering) so provides.

(4) A person (P) is also a regulated activity provider if he carries on a scheme—

(a) under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and

(b) in respect of which a requirement to register arises under Article 12 of the 2003 Order.

(5) P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.

(6) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.

(7) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—

(a) a member of P's family;

(b) a friend of P.

(8) A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—

F22 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as a controller under Article 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4);

F22 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to any position mentioned in [F23 paragraph 7(3E)(a) or (c) of Schedule 2 ] or to exercise any function [F24 exercisable by virtue of that position] .

[F25 (8A) An authority that is an authority for the purposes of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or Article 18C of the Children Order (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section or Article.]

(9) For the purposes of paragraph (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.

(10) If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Order must be taken to be a requirement on or liability of—

(a) the person responsible for the management and control of the association, or

(b) if there is more than one such person, all of them jointly and severally.

(11) “Family” and “friend” must be construed in accordance with Article 4.

(12) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.

Textual Amendments

F22 Art. 10(8)(a)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 78, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F23 Words in art. 10(8)(d) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 79(b)(i); S.I. 2012/2234, art. 2(aa)(v)

F24 Words in art. 10(8)(d) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 79(b)(ii); S.I. 2012/2234, art. 2(aa)(v)

F25 Art. 10(8A) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(2); S.I. 2012/2234, art. 2(z)(vii)

Commencement Information

I5 Art. 10 wholly in operation; art. 10 not in operation at date of making see art. 1(3); art. 10 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(d); art. 10(12) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(c); art. 10 in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(2)(a); art. 10 in operation at 12.10.2009 insofar as not already in operation by S.R. 2009/346, art. 3, Sch.

Restrictions on participating in regulated activity N.I.

Barred person not to engage in regulated activity N.I.

11.—(1) An individual commits an offence if he—

(a) seeks to engage in regulated activity from which he is barred;

(b) offers to engage in regulated activity from which he is barred;

(c) engages in regulated activity from which he is barred.

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(3) It is a defence for a person charged with an offence under paragraph (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.

(4) It is a defence for a person charged with an offence under paragraph (1) to prove—

(a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that he engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this Article, Schedule 2 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

F26 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Art. 11(5)(b)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 80, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Prospective

Person not to engage in regulated activity unless subject to monitoring N.I.

F27 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Art. 12 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 81, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Use of barred person for regulated activity N.I.

13.—(1) A person commits an offence if—

(a) he permits an individual (B) to engage in regulated activity from which B is barred,

(b) he knows or has reason to believe that B is barred from that activity; and

(c) B engages in that activity.

(2) A personnel supplier commits an offence if—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c) he knows or has reason to believe that B is barred from that activity.

(3) A person guilty of an offence under this Article is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(4) It is a defence for a person charged with an offence under this Article to prove—

(a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that the barred person engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this Article, Schedule 2 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

F28 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F28 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Art. 13(5)(b)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 82, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Prospective

Use of person not subject to monitoring for regulated activity N.I.

F29 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Art. 14 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 83, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Regulated activity provider: failure to check N.I.

F30 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Art. 15 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 84, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I6 Art. 15 partly in operation; art. 15 not in operation at date of making see art. 1(3); art. 15(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(a)

Personnel suppliers: failure to check N.I.

F31 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F31 Art. 16 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 85, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I7 Art. 16 partly in operation; art. 16 not in operation at date of making see art. 1(3); art. 16(1)(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(y), art. 5(d)(q)

Educational establishments: check on members of governing body N.I.

F32 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 Art. 17 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 86, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I8 Art. 17 partly in operation; art. 17 not in operation at date of making see art. 1(3); art. 17(1)(5) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(b)

Office holders: offences N.I.

F33 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F33 Art. 18 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 87, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I9 Art. 18 partly in operation; art. 18 not in operation at date of making see art. 1(3); art. 18(1)(2)(3) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(c)

Prospective

Articles 17 and 18: checks N.I.

F34 19.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 Art. 19 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 88, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Prospective

Exceptions N.I.

Exception to requirement to make monitoring check N.I.

F35 20.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Art. 20 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 89, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

HSS employment N.I.

F36 21.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Art. 21 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 90, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Offences: supplementary N.I.

Offences: companies, etc. N.I.

22.—(1) For the purposes of an offence under Article 13F37 ...or 40 F38 ..., section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(2) If an offence under Article 13F39 ...or 40 F40 ... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a partner, or

(b) a person purporting to act as a partner,

he (as well as the partnership) commits the offence.

Textual Amendments

F37 Words in art. 22(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 91(2)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F38 Words in art. 22(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 91(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)(bb)

F39 Words in art. 22(2) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 91(3)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)(bb)

F40 Words in art. 22(2) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 91(3)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I10 Art. 22 partly in operation; art. 22 not in operation at date of making see. art. 1(3); art. 22 in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.

Offences: other persons N.I.

23.—F41 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c) he knows or has reason to believe that B is barred from the activity.

F42 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person guilty of an offence under paragraph (2) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

F43 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purpose of [F44 paragraph (2)(b)] , Schedule 2 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

F45 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F46 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Art. 23(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 92(2), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F42 Art. 23(3)(4) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 92(3), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F43 Art. 23(6)(7) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 92(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F44 Words in art. 23(8) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 92(5)(a); S.I. 2012/2234, art. 2(aa)(v)

F45 Art. 23(8)(b)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 92(5)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F46 Art. 23(9) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 92(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I11 Art. 23 partly in operation; art. 23 not in operation at date of making see. art. 1(3); art. 23(2) and (5) in operation at 12.10.2009 and art. 23(8) in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.

Article 23: exclusions and defences N.I.

24.—(1) A person does not commit an offence under Article 23 if B has not attained the age of 16.

F47 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Art. 24(2)-(7) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 93, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I12 Art. 24 partly in operation; art. 24 not in operation at date of making see. art. 1(3); art. 24(1) in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.

Controlled activity N.I.

Controlled activity relating to children N.I.

F48 25.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Arts. 25-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 5, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Controlled activity relating to vulnerable adults N.I.

F48 26.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Arts. 25-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 5, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Controlled activity: regulations N.I.

F48 27.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Arts. 25-27 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 5, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Monitoring N.I.

Monitoring N.I.

F49 28.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Arts. 28-31 and preceding cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 6, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Monitoring: power to prescribe additional fees N.I.

F49 28A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Arts. 28-31 and preceding cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 6, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Monitoring fees N.I.

F49 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Arts. 28-31 and preceding cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 6, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Ceasing monitoring N.I.

F49 30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Arts. 28-31 and preceding cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 6, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Prospective

Prohibition of requirement to produce certain records N.I.

F49 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F49 Arts. 28-31 and preceding cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 6, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(i) (bb)

Notices and information N.I.

Provision of vetting information N.I.

32.—(1) The Secretary of State must provide a person (A) with the information mentioned in paragraph (4) in relation to another (B) if—

(a) A makes an application for the information,

(b) the application contains the appropriate declaration, and

(c) the Secretary of State has no reason to believe that the declaration is false.

(2) The appropriate declaration is a declaration by A—

(a) that he falls within column 1 of [F50 the table in Schedule 5],

[F51 (aa) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,

(ab) whether the information is sought by A with a view to permitting or supplying B to carry out paid activity or with a view to making a check in accordance with Article 19(2)(a) in relation to the appointment of B to a position in which B will carry out paid activity,] and

(b) that B has consented to the provision of the information to A.

[F52 (2A) The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by Article 28A.]

(3) F53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The information is—

(a) if [F54 A's declaration states that column 2 of the relevant entry] refers to children, relevant information relating to children, and

(b) if [F54 A's declaration states that column 2 of the relevant entry] refers to vulnerable adults, relevant information relating to vulnerable adults.

(5) F55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If B consents to the provision of information to A in relation to an application under this Article, the consent also has effect in relation to any subsequent such application by A.

[F56 (6A) “Paid activity” means an activity carried out for financial gain.

(6B) The Secretary of State may by regulations provide for an activity to be treated as, or not to be treated as, an activity carried out for financial gain.]

(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).

(8) The Secretary of State may by regulations make provision requiring an authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under Article 18C of the Children Order or section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6) to inform the person of his right to obtain relevant information under this Article.

Textual Amendments

F50 Words in art. 32(2)(a) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(a)

F51 Art. 32(2)(aa)(ab) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(b)

F52 Art. 32(2A) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(c)

F53 Art. 32(3) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(d)

F54 Words in art. 32(4)(a)(b) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(e)

F55 Art. 32(5) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(f)

F56 Art. 32(6A)(6B) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 20(g)

Commencement Information

I13 Art. 32 partly in operation; art. 32 not in operation at date of making see art. 1(3); art. 32(7)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(f)

Meaning of relevant information in Article 32 N.I.

33.—(1) This Article has effect for the purposes of Article 32.

(2) Relevant information relating to children is—

(a) whether B is subject to monitoring in relation to regulated activity relating to children, and

(b) if so, whether he is undergoing assessment.

(3) Relevant information relating to vulnerable adults is—

(a) whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and

(b) if so, whether he is undergoing assessment.

(4) B is undergoing assessment if—

(a) the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with B's monitoring application but has not yet done so;

(b) B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section;

(c) in relation to paragraph (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 1;

(d) in relation to paragraph (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule.

(5) In paragraph (4)(b) “simultaneous application” means an application made simultaneously with B's monitoring application under Article 28.

(6) The Secretary of State may by order amend the preceding provisions of this Article for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).

Commencement Information

I14 Art. 33 partly in operation; art. 33 not in operation at date of making see art. 1(3); art. 33(6) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(e)

Notification of cessation of monitoring N.I.

34.—(1) The Secretary of State must establish and maintain a register for the purposes of this Article.

(2) The Secretary of State must register a person (A) in relation to another (B) if—

(a) A makes an application to be registered in relation to B,

(b) the application contains the appropriate declaration,

(c) the Secretary of State has no reason to believe that the declaration is false, and

(d) B is subject to monitoring in relation to the regulated activity to which the application relates.

(3) The appropriate declaration is a declaration by A—

(a) that he falls within column 1 of [F57 the table in Schedule 5],

[F58 (aa) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,] and

(b) that B has consented to the application.

(4) F59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A's application and registration relate—

(a) if [F60 A's declaration states that column 2 of the relevant entry] refers to children, to regulated activity relating to children;

(b) if [F60 A's declaration states that column 2 of the relevant entry] refers to vulnerable adults, to regulated activity relating to vulnerable adults.

(6) The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.

(7) The requirement under paragraph (6) is satisfied if notification is sent to any address recorded against A's name in the register.

(8) F61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) If B consents to the provision of information to A under Article 32 the consent also has effect as consent to any application by A to be registered in relation to B under this Article.

(10) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).

Textual Amendments

F57 Words in art. 34(3)(a) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 21(a)

F58 Art. 34(3)(aa) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 21(b)

F59 Art. 34(4) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 21(c)

F60 Words in art. 34(5)(a)(b) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 21(d)

F61 Art. 34(8) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 21(e)

Commencement Information

I15 Art. 34 partly in operation; art. 34 not in operation at date of making see art. 1(3); art. 34(10) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(g)

Cessation of registration N.I.

35.—(1) In this Article references to registration are to registration in the register maintained for the purposes of Article 34.

(2) Once a person is notified as mentioned in paragraph (6) of that Article, his registration ceases.

(3) [F62 DBS] may cancel a person's registration in such circumstances as are prescribed.

(4) [F63 DBS] must cancel a person's registration—

(a) if the person applies for it to be cancelled;

(b) in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled.

(5) When a person's registration is cancelled under paragraph (3) or (4)(b), [F64 DBS] must notify him of that fact.

(6) The requirement under paragraph (5) is satisfied if notification is sent to any address recorded against A's name in the register.

Textual Amendments

F62 Words in art. 35(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(c) (with Pt. 4)

F63 Words in art. 35(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(c) (with Pt. 4)

F64 Words in art. 35(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(c) (with Pt. 4)

Commencement Information

I16 Art. 35 partly in operation; art. 35 not in operation at date of making see art. 1(3); art. 35(3)(4)(b) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(h)

Prospective

Declarations under Articles 32 and 34 N.I.

36.—(1) An individual commits an offence if, in an application made for the purposes of Article 32 or 34—

(a) he makes a false declaration, and

(b) he either knows that it is false or is reckless as to whether it is false.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Prospective

[F65 Notification of proposal to include person in children's barred list N.I.

36A— (1) If ISA proposes to include a person (B) in the children's barred list in the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 1, it—

(a) must notify any person who is registered in relation to B under Article 34 in relation to regulated activity relating to children, and

(b) may notify any other person who it is satisfied falls within paragraph (2).

(2) The following fall within this paragraph—

(a) any person who is permitting B to engage in regulated activity relating to children,

(b) any responsible person (within the meaning of Article 27) who is permitting B to engage in controlled activity relating to children.

(3) A notification under this Article must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under paragraph (1)(a) is satisfied if notification is sent to any address recorded against that person's name in the register.

Textual Amendments

F65 Arts. 36A-36C inserted (prosp.) by Policing and Crime Act 2009 (c. 26), ss. 90(2), 116(1)

Prospective

Notification of proposal to include person in adults' barred list N.I.

36B— (1) If ISA proposes to include a person (B) in the adults' barred list in the circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 1, it—

(a) must notify any person who is registered in relation to B under Article 34 in relation to regulated activity relating to vulnerable adults, and

(b) may notify any other person who it is satisfied falls within paragraph (2).

(2) The following fall within this paragraph—

(a) any person who is permitting B to engage in regulated activity relating to vulnerable adults,

(b) any responsible person (within the meaning of Article 27) who is permitting B to engage in controlled activity relating to vulnerable adults.

(3) A notification under this Article must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under paragraph (1)(a) is satisfied if notification is sent to any address recorded against that person's name in the register.

Textual Amendments

F65 Arts. 36A-36C inserted (prosp.) by Policing and Crime Act 2009 (c. 26), ss. 90(2), 116(1)

Prospective

Articles 36A and 36B: notification of outcome N.I.

36C— (1) Paragraph (2) applies if ISA—

(a) has notified a person (A) under Article 36A or 36B that it proposes to include another (B) in a barred list, and

(b) includes B in the barred list or decides not to do so.

(2) ISA must notify A that it has included B in the barred list or that it has decided not to do so (as the case may be).

(3) In a case where A is registered in relation to B under Article 34 (or has ceased to be so registered by virtue of B's inclusion in the barred list), the requirement in paragraph (2) is satisfied if notification is sent to any address recorded (or, as the case may be, formerly recorded) against A's name in the register.]

Textual Amendments

F65 Arts. 36A-36C inserted (prosp.) by Policing and Crime Act 2009 (c. 26), ss. 90(2), 116(1)

Regulated activity providers: duty to refer N.I.

37.—(1) Paragraph (2) applies to—

(a) a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him;

F66 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person to whom this paragraph applies must provide [F67 DBS] with the information if—

(a) he withdraws permission for P to engage in the activity for a reason mentioned in paragraph (3), or

(b) he does not withdraw permission for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity.

(3) The reasons are that the person to whom paragraph (2) applies thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to P,

(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1), or

(c) that the harm test is satisfied.

(4) The harm test is that P may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(5) For the purposes of paragraph (3)(b), conduct is inappropriate if it appears to the person to whom paragraph (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

F68 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This Article does not apply if the conditions specified in paragraph (2) are fulfilled before the Article is commenced.

Textual Amendments

F66 Art. 37(1)(b) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 94(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

F68 Art. 37(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 94(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Commencement Information

I17 Art. 37 wholly in operation; art. 37 not in operation at date of making see art. 1(3); art. 37(1) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(i); art. 37 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Personnel suppliers: duty to refer N.I.

38.—(1) A personnel supplier must provide [F67 DBS] with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity F69 ... in the circumstances mentioned in paragraph (2)(a) or (b) of Article 37.

(2) A personnel supplier which is an employment agency or employment business must provide [F67 DBS] with any prescribed information it holds in relation to a person (P) for whom it acts if—

(a) the agency or business determines to cease to act for P for a reason mentioned in paragraph (4), or

(b) it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end.

(3) A personnel supplier which is an educational institution must provide [F67 DBS] with any prescribed information it holds in relation to a student (P) following a course at the institution if—

(a) the institution determines to cease to supply P to another person for him to engage in regulated F70 ... activity for a reason mentioned in paragraph (4),

(b) the institution determines that P should cease to follow a course at the institution for a reason mentioned in paragraph (4), or

(c) it does not determine as mentioned in sub-paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course.

(4) The reasons are that the personnel supplier thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to P,

(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1), or

(c) that the harm test is satisfied.

(5) The harm test is that P may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(6) For the purposes of paragraph (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

(7) An employment agency acts for a person if it makes arrangements with him with a view to—

(a) finding him employment with an employer, or

(b) supplying him to employers for employment by them.

(8) An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.

(9) In this Article “employment” has the same meaning as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20).

(10) This Article does not apply if the conditions specified in paragraph (1), (2) or (3) are fulfilled before the Article is commenced.

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

F69 Words in art. 38(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 95(2), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F70 Words in art. 38(3)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 95(3), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Commencement Information

I18 Art. 38 wholly in operation; art. 38 not in operation at date of making see art. 1(3); art. 38(1)(2)(3) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(j); art. 38 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Regulated activity providers: duty to provide information on request etc. N.I.

39.—(1) This Article applies if [F67 DBS] is considering—

(a) whether to include any person in a barred list;

(b) whether to remove any person from a barred list.

(2) [F67 DBS] may require—

(a) any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place),

F71 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or

(d) any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated F72 ... activity,

to provide [F67 DBS] with any prescribed information he or it holds relating to the person.

(3) An employment agency acts for a person if it makes arrangements with him with a view to—

(a) finding him relevant employment with an employer, or

(b) supplying him to employers for relevant employment by them.

(4) Relevant employment is employment which consists in or involves engaging in regulated F73 ... activity.

(5) An employment business acts for a person if it employs him to engage in regulated F74 ... activity for and under the control of other persons.

(6) In this Article “employment” has the same meaning as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20).

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

F71 Art. 39(2)(b) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(2)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F72 Words in art. 39(2)(d) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F73 Words in art. 39(4) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(3), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F74 Words in art. 39(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 96(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Commencement Information

I19 Art. 39 wholly in operation; art. 39 not in operation at date of making see art. 1(3); art. 39 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(e); art. 39(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(k); art. 39 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(c)

Duty to provide information: offences N.I.

40.—(1) A person commits an offence if—

(a) he is required under Article 37 or 38 or in pursuance of Article 39 to provide information to [F67 DBS] , and

(b) he fails, without reasonable excuse, to provide the information.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

Commencement Information

I20 Art. 40 wholly in operation; art. 40 not in operation at date of making see art. 1(3); art. 40 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(f); art. 40 in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(2)(e); art. 40 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Education and Library Boards and [F75 HSC Bodies] N.I.

Textual Amendments

F75 Words in Order substituted (12.10.2009) by virtue of Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

Education and Library Boards and [F76 HSC Bodies]: [F77 power] to refer N.I.

41.—(1) An education and library board (“a board”) and an [F78 HSC body] [F79 may] provide [F67 DBS] with any F80 ... information it holds relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the board or [F81 HSC body] thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or

(c) that the harm test is satisfied.

(3) The harm test is that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult,

(e) incite another to harm a child or vulnerable adult.

(4) The second condition is that the board or [F82 HSC body] thinks—

(a) that the person is [F83 or has been, or might in future be, engaged] in regulated activity F84 ..., and

(b) (except in a case where paragraph 1 [F85 or 7] of Schedule 1 applies) that [F67 DBS] may consider it appropriate for the person to be included in a barred list.

(5) A board or an [F86 HSC body] may provide [F67 DBS] with any F87 ... information it holds relating to a person if—

(a) the board or [F88 HSC body] thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and

(b) the condition in paragraph (4) is satisfied.

(6) For the purposes of paragraphs (2)(b) or (5)(a), conduct is inappropriate if it appears to the board or [F89 HSC body] to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

F76 Words in Order substituted (12.10.2009) by virtue of Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F77 Word in art. 41 heading substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(d); S.I. 2012/2234, art. 2(z)(vii)

F78 Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F79 Word in art. 41(1) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(a)(i); S.I. 2012/2234, art. 2(z)(vii)

F80 Word in art. 41(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)

F81 Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F82 Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F83 Words in art. 41(4)(a) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(b)(i); S.I. 2012/2234, art. 2(z)(vii)

F84 Words in art. 41(4)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(b)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)

F85 Words in art. 41(4)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(b)(iii); S.I. 2012/2234, art. 2(z)(vii)

F86 Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F87 Word in art. 41(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(3)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)

F88 Words in Order substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F89 Words 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

I21 Art. 41 wholly in operation; art. 41 not in operation at date of making see art. 1(3); art. 41(1)(5) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(l); art. 41 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Education and Library Boards and [F90 HSC bodies]: duty to provide information on request N.I.

42.—(1) This Article applies if [F67 DBS] is considering—

(a) whether to include any person in a barred list;

(b) whether to remove any person from a barred list.

(2) If [F67 DBS] thinks that an education and library board or an [F91 HSC body] holds any prescribed information relating to the person, it may require that board or body to provide it with the information.

(3) The board or body must comply with a requirement under paragraph (2).

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

F90 Words in Order substituted (12.10.2009) by virtue of Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(3)

F91 Words 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

I22 Art. 42 wholly in operation; art. 42 not in operation at date of making see art. 1(3); art. 42 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(g); art. 42(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(m); art. 42 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(d)

Professional bodies and supervisory authorities N.I.

Registers: [F92 power ] to refer N.I.

43.—(1) A keeper of a relevant register [F93 may ] provide [F67 DBS] with any F94 ... information he holds relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the keeper thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or

(c) that the harm test is satisfied.

(3) The harm test is that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(4) The second condition is that the keeper thinks—

(a) that the person is [F95 or has been, or might in future be, engaged] in regulated activity F96 ..., and

(b) (except in a case where paragraph 1 [F97 or 7 ] of Schedule 1 applies) that [F67 DBS] may consider it appropriate for the person to be included in a barred list.

F98 [F99 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98 (4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98 (4C)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A keeper of a relevant register may provide [F67 DBS] with any F100 ... information he holds relating to a person if—

(a) he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and

(b) the condition in paragraph (4) is satisfied.

(6) For the purposes of paragraph (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

(7) In this Article—

(a) a relevant register is a register appearing in column 1 of the following table, and

(b) in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

Relevant register	Keeper of the register
1.  The register of teachers maintained under Article 35 of the Education (Northern Ireland) Order 1998 (NI 13)	The General Teaching Council for Northern Ireland
2.  The register of pharmaceutical chemists maintained under Article 6 of the Pharmacy (Northern Ireland) Order 1976 (NI 22)	The registrar appointed under Article 9(1) of that Order
3.   [F101 Any of] the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54)	The registrar of the General Medical Council
4.  The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act	The registrar appointed under section 14 of that Act
5.  The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act	The registrar of the General Optical Council
6.  The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21)	The Registrar of Osteopaths
7.  The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17)	The Registrar of Chiropractors
8.  The register of social workers and social care workers maintained under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)	The Northern Ireland Social Care Council
9.  The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253)	The registrar appointed under Article 4 of that Order
10.  The register of members of relevant professions maintained under Article 5 of the [F102 Health and Social Work Professions Order 2001] (S.I. 2002/254)	The registrar appointed under Article 4 of that Order

(8) The Secretary of State may by order amend the table in paragraph (7) by inserting an entry or amending or omitting an entry for the time being contained in the Table.

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

F92 Word in art. 43 heading substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(e); S.I. 2012/2234, art. 2(z)(iii)

F93 Word in art. 43(1) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(a)(i); S.I. 2012/2234, art. 2(z)(iii)

F94 Word in art. 43(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)

F95 Words in art. 43(4)(a) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(b)(i); S.I. 2012/2234, art. 2(z)(iii)

F96 Words in art. 43(4)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(b)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)

F97 Words in art. 43(4)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(b)(iii); S.I. 2012/2234, art. 2(z)(iii)

F98 Art. 43(4A)-(4C) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)

F99 Art. 43(4A)-(4C) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 22(a)

F100 Word in art. 43(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(1)(d), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(iii) (bb)

F101 Words in art. 43(7) Table substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 22(b)

F102 Words in art. 43(7) Table entry no. 10 substituted (1.8.2012) by The Health and Social Care Act 2012 (Consequential ProvisionSocial Workers) Order 2012 (S.I. 2012/1479), art. 1(2), Sch. para. 53

Commencement Information

I23 Art. 43 wholly in operation; art. 43 not in operation at date of making see art. 1(3); art. 43(1)(5)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(n), art. 5(f); art. 43(7) in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(1)(e); art. 43 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Registers: duty to provide information on request N.I.

44.—(1) This Article applies if [F67 DBS] is considering—

(a) whether to include in a barred list a person who appears on a relevant register;

(b) whether to remove such a person from a barred list.

(2) [F67 DBS] may require the keeper of the register to provide it with any prescribed information he holds relating to the person.

(3) The keeper of the register must comply with a requirement under paragraph (2).

(4) References to a relevant register and the keeper of a relevant register must be construed in accordance with Article 43(7).

Textual Amendments

F67 Word in arts. 37-44 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(b) (with Pt. 4)

Commencement Information

I24 Art. 44 wholly in operation; art. 44 not in operation at date of making see art. 1(3); art. 44 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(h); art. 44(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(o); art. 44 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(e)

Registers: [F103 provision of barring information to keepers of registers] N.I.

45.— [F104 (1) Paragraph (2) applies if—

(a) [F105 DBS] knows or thinks that a person (A) appears on a relevant register, and

(b) either—

(i) A is included in a barred list, or

(ii) [F105 DBS] is aware that A is subject to a relevant disqualification.

(2) [F105 DBS] must—

(a) notify the keeper of the register of the circumstances mentioned in paragraph (1)(b)(i) or (as the case may be) (ii), and

(b) in the case where A is included in a barred list, provide the keeper of the register with such of the information on which [F105 DBS] relied in including A in the list as [F105 DBS] considers—

(i) to be relevant to the exercise of any function of the keeper, and

(ii) otherwise appropriate to provide.

(3) Paragraph (4) applies if the keeper of a relevant register applies to [F105 DBS] to ascertain in relation to a person (A) whether—

(a) A is included in a barred list, or

(b) [F105 DBS] is aware that A is subject to a relevant disqualification.

(4) [F105 DBS] must notify the keeper of the register as to whether the circumstances are as mentioned in paragraph (3)(a) or (as the case may be) (b).

(5) [F105 DBS] may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as [F105 DBS] considers appropriate.

(5A) Paragraph (5B) applies if—

(a) a keeper of a register has applied to [F106 DBS] to be notified in relation to a person (A) if—

(i) A is included in a barred list, or

(ii) [F106 DBS] is aware that A is subject to a relevant disqualification, and

(b) the application has not been withdrawn.

(5B) [F106 DBS] must notify the keeper of the register if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii).

(5C) For the purposes of paragraph (5A)(b) an application is withdrawn if—

(a) the keeper of the register notifies [F107 DBS] that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii) in relation to A, or

(b) [F107 DBS] cancels the application on either of the following grounds—

(i) that the keeper has not answered, within such reasonable period as was required by [F107 DBS] , a request from [F107 DBS] as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii), or

(ii) that A neither appears in the register nor is being considered for inclusion in the register.

(5D) A keeper of a relevant register may apply for information under this Article, or to be notified under this Article, in relation to a person (A) only if—

(a) A appears in the register, or

(b) A is being considered for inclusion in the register.

(5E) The duties in paragraphs (2), (4) and (5B) do not apply if [F105 DBS] F108 ... is satisfied that the keeper of the register already has the information concerned.

(5F) [F109 DBS] may determine the form, manner and contents of an application for the purposes of this Article.

(5G) In this Article relevant information is information—

(a) which—

(i) relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(ii) is relevant to the exercise of any function of the keeper of the register, but

(b) which is not—

(i) information that the circumstances are as mentioned in paragraph (1)(b)(i) or (ii) in relation to a person,

(ii) any information provided under paragraph (2)(b), or

(iii) information falling within paragraph 19(5) of Schedule 1.

(5H) The Secretary of State may by order amend paragraph (5G).]

(6) In this Article—

(a) a relevant register is a register appearing in column 1 F110 . . . of the table in Article 43(7), and

(b) in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the Table.

(7) A person is subject to a relevant disqualification if he is included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to a barred list.

Textual Amendments

F103 Words in art. 45 heading substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(3); S.I. 2012/2234, art. 2(z)(v)

F104 Art. 45(1)-(5H) substituted for art. 45(1)-(5) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157) for specified purposes) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(2); S.I. 2012/2234, art. 2(z)(iv)

F105 Word in art. 45 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(c) (with Pt. 4)

F106 Words in art. 45(5A)(5B) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(d) (with Pt. 4)

F107 Words in art. 45(5C) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(d) (with Pt. 4)

F108 Words in art. 45(5E) omitted (1.12.2012) by virtue of The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 62 (with Pt. 4)

F109 Words in art. 45(5F) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(d) (with Pt. 4)

F110 Words in art. 45(6)(a) omitted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 23

Commencement Information

I25 Art. 45 partly in operation; art. 45 not in operation at date of making see art. 1(3); art. 45(3)-(5) in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(i); art. 45(7) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(g)

I26 Art. 45(6) in operation at 10.9.2012 by S.R. 2012/330, art. 2(a)

I27 Art. 45(7) in operation at 10.9.2012 in so far as not already in operation by S.R. 2012/330, art. 2(b)

Registers: power to apply for vetting information N.I.

F111 46.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111 Art. 46 repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 12(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(v)(bb)

Commencement Information

I28 Art. 46 partly in operation; art. 46 not in operation at date of making see art. 1(3); art. 46(6)(7) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(p), art. 5(h)

Supervisory authorities: [F112 power] to refer N.I.

47.—(1) A supervisory authority [F113 may] provide [F114 DBS] with any F115 ... information it holds relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the supervisory authority thinks, on the basis of relevant evidence—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or

(c) that the harm test is satisfied.

(3) The harm test is that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(4) The second condition is that the supervisory authority thinks—

(a) that the person is [F116 or has been, or might in future be, engaged] in regulated activity F117 ..., and

(b) (except in a case where paragraph 1 [F118 or 7] of Schedule 1 applies) that [F114 DBS] may consider it appropriate for the person to be included in a barred list.

(5) The supervisory authority may provide [F114 DBS] with any F119 ... information it holds relating to a person if—

(a) it thinks, on the basis of relevant evidence, that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and

(b) the condition in paragraph (4) is satisfied.

F120 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A supervisory authority is—

(a) [F121 RQIA] in respect of its functions under the 2003 Order;

(b) an inspector appointed under Article 102 of the Education and Libraries (Northern Ireland) Order 1986 in the exercise of his functions.

[F122 (c) the Charity Commission for Northern Ireland in respect of its functions under the Charities Act (Northern Ireland) 2008 (c.12)]

(8) Relevant evidence is evidence obtained by the supervisory authority in the exercise of the functions mentioned in paragraph (7).

(9) The Secretary of State may by order amend paragraph (7) by inserting a sub-paragraph or amending or omitting a sub-paragraph for the time being contained in that paragraph.

(10) For the purposes of paragraph (2)(b) or (5)(a), conduct is inappropriate if it appears to the supervisory authority to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

Textual Amendments

F112 Word in art. 47 substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(e); S.I. 2012/2234, art. 2(z)(vi)

F113 Word in art. 47(1) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(a)(i); S.I. 2012/2234, art. 2(z)(vi)

F114 Word in arts. 47-49 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(d) (with Pt. 4)

F115 Word in art. 47(1) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)

F116 Words in art. 47(4)(a) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(b)(i); S.I. 2012/2234, art. 2(z)(vi)

F117 Words in art. 47(4)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), Pt. 5s. 120, Sch. 7 para. 13(1)(b)(ii) Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)

F118 Words in art. 47(4)(b) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(b)(iii); S.I. 2012/2234, art. 2(z)(vi)

F119 Word in art. 47(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)

F120 Art. 47(6) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(1)(d), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vii) (bb)

F121 Words in art. 47(7)(a) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 15(2)

F122 Art. 47(7)(c) inserted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(5)

Commencement Information

I29 Art. 47 wholly in operation; art. 47 not in operation at date of making see art. 1(3); art. 47(1)(5)(9) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(q), art. 5(i); art. 47(7) in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(1)(f); art. 47 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Supervisory authorities: duty to provide information on request N.I.

48.—(1) This Article applies if [F114 DBS] is considering—

(a) whether to include in a barred list a person in relation to whom [F114 DBS] thinks that a supervisory authority may have prescribed information;

(b) whether to remove such a person from a barred list.

(2) [F114 DBS] may require the supervisory authority to provide it with any prescribed information it holds relating to the person.

(3) The supervisory authority must comply with a requirement under paragraph (2).

Textual Amendments

F114 Word in arts. 47-49 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(d) (with Pt. 4)

Commencement Information

I30 Art. 48 wholly in operation; art. 48 not in operation at date of making see art. 1(3); art. 48 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(j); art. 48(1)(a)(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(r); art. 48 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(f)

Supervisory authorities: power to apply for [F123 certain barring ] information N.I.

49.—(1) If a supervisory authority applies to the [F114 DBS] for information within paragraph (2) or (3) relating to a person (B), the [F114 DBS]must provide the supervisory authority with that information.

(2) The information within this paragraph is—

(a) whether B is barred from regulated activity relating to children,

F124 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F124 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The information within this paragraph is—

(a) whether B is barred from regulated activity relating to vulnerable adults,

F125 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F125 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A supervisory authority may apply for information under this Article only if the information is required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

F126 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The Secretary of State may by order amend this Article for the purpose of altering the information within paragraph (2) or (3).

(7) [F127 DBS] may [F128 determine] the form, manner and contents of an application for the purposes of this Article.

Textual Amendments

F114 Word in arts. 47-49 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(d) (with Pt. 4)

F123 Words in art. 49 heading substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(2)(a); S.I. 2012/2234, art. 2(z)(vi)

F124 Art. 49(2)(b)-(e) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(2)(c), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)

F125 Art. 49(3)(b)-(e) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(2)(d), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)

F126 Art. 49(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(2)(e), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(vi)(bb)

F127 Words in art. 49(7) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(e) (with Pt. 4)

F128 Word in art. 49(7) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(2)(f); S.I. 2012/2234, art. 2(z)(vi)

Commencement Information

I31 Art. 49 partly in operation; art. 49 not in operation at date of making see art. 1(3); art. 49(6)(7) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(s), art. 5(j)

I32 Art. 49(1)-(4) in operation at 10.9.2012 by S.R. 2012/330, art. 2(c)

I33 Art. 49(7) in operation at 10.9.2012 in so far as not already in operation by S.R. 2012/330, art. 2(d)

Supervisory authorities: notification of barring, etc in respect of children N.I.

50.—(1) This Article applies if—

(a) a person is F129 ... included in the children's barred list,

(b) [F130 DBS] becomes aware that a person is subject to a relevant children's disqualification, F131 ...

F131 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F132 DBS] must notify every interested supervisory authority of the circumstance mentioned in sub-paragraph (a), (b) or (c) (as the case may be) of paragraph (1).

(3) A supervisory authority is an interested supervisory authority only if—

(a) it has applied to [F133 DBS] to be notified if any of the circumstances mentioned in paragraph (1) occurs in relation to the person, and

(b) the application has not been withdrawn.

(4) A supervisory authority may apply to [F134 DBS] under paragraph (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

(5) For the purposes of paragraph (3)(b) an application is withdrawn if the supervisory authority notifies [F135 DBS] that it no longer wishes to be notified if any of the circumstances mentioned in paragraph (1) occurs in relation to the person.

(6) A person is subject to a relevant children's disqualification if he is included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

(7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this Article.

(8) [F136 DBS] may [F137 determine] the form, manner and contents of an application for the purposes of this Article.

Textual Amendments

F129 Word in art. 50(1)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(3)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb)

F130 Words in art. 50(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(f) (with Pt. 4)

F131 Art. 50(1)(c) and preceding word repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 78, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb)

F132 Words in art. 50(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(f) (with Pt. 4)

F133 Words in art. 50(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(f) (with Pt. 4)

F134 Words in art. 50(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(f) (with Pt. 4)

F135 Words in art. 50(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(f) (with Pt. 4)

F136 Words in art. 50(8) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(f) (with Pt. 4)

F137 Word in art. 50(8) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(3)(g); S.I. 2012/2234, art. 2(z)(vi)

Commencement Information

I34 Art. 50 partly in operation; art. 50 not in operation at date of making see art. 1(3); art. 50(6)(7)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(t), art. 5(k)

Supervisory authorities: notification of barring, etc. in respect of vulnerable adults N.I.

51.—(1) This Article applies if—

(a) a person is F138 ... included in the adults' barred list,

(b) [F139 DBS] becomes aware that a person is subject to a relevant adults' disqualification, F140 ...

F140 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) [F141 DBS] must notify every interested supervisory authority of the circumstance mentioned in sub-paragraph (a), (b) or (c) (as the case may be) of paragraph (1).

(3) A supervisory authority is an interested supervisory authority only if—

(a) it has applied to [F142 DBS] to be notified if any of the circumstances mentioned in paragraph (1) occurs in relation to the person, and

(b) the application has not been withdrawn.

(4) A supervisory authority may apply to [F143 DBS] under paragraph (3)(a) only if the notification is required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).

(5) For the purposes of paragraph (3)(b) an application is withdrawn if the supervisory authority notifies [F144 DBS] that it no longer wishes to be notified if any of the circumstances mentioned in paragraph (1) occurs in relation to the person.

(6) A person is subject to a relevant adults' disqualification if he is included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

(7) The Secretary of State may provide that in prescribed circumstances a supervisory authority is not an interested supervisory authority for the purposes of this Article.

(8) [F145 DBS] may [F146 determine] the form, manner and contents of an application for the purposes of this Article.

Textual Amendments

F138 Word in art. 51(1)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(4)(a)(ii), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb)

F139 Words in art. 51(1) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(g) (with Pt. 4)

F140 Art. 51(1)(c) and preceding word repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(4)(a)(v), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(bb)

F141 Words in art. 51(2) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(g) (with Pt. 4)

F142 Words in art. 51(3) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(g) (with Pt. 4)

F143 Words in art. 51(4) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(g) (with Pt. 4)

F144 Words in art. 51(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(g) (with Pt. 4)

F145 Words in art. 51(8) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(g) (with Pt. 4)

F146 Word in art. 51(8) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(4)(g); S.I. 2012/2234, art. 2(z)(vi)

Commencement Information

I35 Art. 51 partly in operation; art. 51 not in operation at date of making see art. 1(3); art. 51(6)(7)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(u), art. 5(l)

Provision of information to supervisory authorities N.I.

52.—(1) This Article applies if [F147 DBS] has information that it thinks is relevant to a supervisory authority.

(2) [F147 DBS] [F148 may (whether on an application by the authority or otherwise)] provide the supervisory authority with the information.

(3) Information is relevant to a supervisory authority if—

(a) it relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(b) is relevant to the exercise of any function of the authority [F149 which is mentioned in Article 47(7)] ,

but does not include information falling within paragraph 19(5) of Schedule 1 [F150 or of any circumstance mentioned in Article 50(1) or 51(1)] in relation to a person.

[F151 (4) A supervisory authority may apply to [F147 DBS] 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) [F152 DBS] may determine the form, manner and contents of an application for the purposes of this Article.]

Textual Amendments

F147 Word in art. 52 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(e) (with Pt. 4)

F148 Words in art. 52(2) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(5)(a); S.I. 2012/2234, art. 2(z)(vi)

F149 Words in art. 52(3)(b) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(5)(b)(i); S.I. 2012/2234, art. 2(z)(vi)

F150 Words in art. 52(3) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(5)(b)(ii); S.I. 2012/2234, art. 2(z)(vi)

F151 Art. 52(4)(5) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 13(5)(c); S.I. 2012/2234, art. 2(z)(vi)

F152 Words in art. 52(5) substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 49(h) (with Pt. 4)

Commencement Information

I36 Art. 52 partly in operation; art. 52 not in operation at date of making see art. 1(3); art. 52 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(k)

I37 Art. 52 in operation at 10.9.2012 in so far as not already in operation by S.R. 2012/330, art. 2(e)

[F153 Provision of information to the police N.I.

Textual Amendments

F153 Art. 52A and preceding cross-heading inserted (30.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 91, 116(1); S.I. 2009/3096, art. 2(b)

Provision of information to the police [F154 etc.] N.I.

52A— (1) [F155 DBS] may provide any information it has to the chief constable of the Police Service of Northern Ireland [F156 , a chief officer of police or the chief constable of a police force in Scotland] for use for any of the following purposes—

(a) the prevention, detection and investigation of crime;

(b) the apprehension and prosecution of offenders.

[F157 (c) the appointment of persons who are under the direction and control of the chief constable or (as the case may be) chief officer;

(d) any prescribed purpose]

[F158 (1A) [F155 DBS] must, for use for any of the purposes mentioned in paragraph (1), provide to any chief constable or chief officer mentioned in that paragraph who has requested it a barred list or information as to whether a particular person is barred.

(1B) [F155 DBS] may, for use for the purposes of the protection of children or vulnerable adults, provide to a relevant authority any information which [F155 DBS] reasonably believes to be relevant to that authority.

(1C) [F155 DBS] must, for use for the purposes of the protection of children or vulnerable adults, provide to any relevant authority who has requested it information as to whether a particular person is barred.

(1D) In this Article “relevant authority” means—

(a) the Department of Justice, exercising functions in relation to prisons and youth justice,

(b) the Probation Board for Northern Ireland, or

(c) an HSC body.]

(2) The [F159 powers conferred by this Article do] not limit any other power of [F155 DBS] to provide information for any purpose or to any person.]

Textual Amendments

F154 Word in art. 52A heading inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 97(3); S.I. 2012/2234, art. 2(aa)(v)

F155 Word in art. 52A substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(e) (with Pt. 4)

F156 Words in art. 52A(1) substituted (10.8.2012 for specified purposes, 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(4)(a); S.I. 2012/2075, art. 2(b); S.I. 2012/2234, art. 2(z)(vii)

F157 Art. 52A(1)(c)(d) inserted (10.8.2012 for specified purposes, 10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(4)(b); S.I. 2012/2075, art. 2(b); S.I. 2012/2234, art. 2(z)(vii)

F158 Arts. 52A(1A)-(1D) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 14(5); S.I. 2012/2234, art. 2(z)(vii)

F159 Words in art. 52A(2) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 97(2); S.I. 2012/2234, art. 2(aa)(v)

Miscellaneous N.I.

Crown application N.I.

53.—(1) Subject to the provisions of this Article, this Order and any regulations or orders made under it bind the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

(2) No contravention by the Crown of any provision of this Order or of any regulations or order made under it makes the Crown criminally liable.

(3) Despite paragraph (2), this Order and any regulations or orders made under it apply to persons in Crown employment (within the meaning of the Employment Rights (Northern Ireland) Order 1996 (NI 16)) as they apply to other persons.

(4) Paragraph (2) of Article 10 does not apply in relation to any activity carried out by the Crown.

(5) Each government department and other body performing functions on behalf of the Crown—

(a) if the department or body engages in regulated activity, is the regulated activity provider in relation to the activity;

F160 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In paragraph (5) “body” includes office-holder.

Textual Amendments

F160 Art. 53(5)(b) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 98, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Commencement Information

I38 Art. 53 wholly in operation; art. 53 not in operation at date of making see art. 1(3); art. 53 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(l); art. 53 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

Referrals: findings of fact immaterial N.I.

54.—(1) For the purposes of the provisions mentioned in paragraph (2), it is immaterial whether there is a finding of fact in any proceedings.

(2) The provisions are—

(a) Article 37(3)(b) and (c);

(b) Article 38(4)(b) and (c);

(c) Article 41(2)(b) and (c) and (5)(a);

(d) Article 43(2)(b) and (c) and (5)(a);

(e) Article 47(2)(b) and (c) and (5)(a).

Fostering N.I.

55.—(1) Despite Article 4, this Order applies to activity that is regulated activity by virtue of paragraph 1(5) of Schedule 2.

(2) Paragraph (1) does not affect the operation of this Order in relation to any other activity that is carried out in connection with a foster child.

(3) Paragraph (4) applies if a person (P)—

(a) makes arrangements for another person to foster a child as a private foster parent, and

(b) has power to terminate the arrangements.

(4) P is, if he would not otherwise be, a regulated activity provider in relation to fostering carried out by the foster parent in pursuance of the arrangements.

(5) The following provisions of this Article apply for the purposes of this Order.

(6) A person fosters a child if he is a foster parent of the child.

(7) A person is a foster parent if—

(a) he is an authority foster parent within the meaning of Article 27(3) of the Children Order;

(b) he is a person with whom a child has been placed by a voluntary organisation under Article 75(1)(a) of that Order;

(c) he is a private foster parent.

(8) A person is a private foster parent if he falls within paragraph (9) and looks after a child—

(a) for reward, or

(b) in pursuance of an arrangement made by someone other than a member of the child's family.

(9) A person falls within this paragraph if—

(a) he fosters the child privately within the meaning of Article 106(1) of the Children Order,

(b) he would be so fostering the child but for Article 107(1) of that Order (minimum period of 28 days), or

(c) (in the case of a child who has attained the age of 16) he would fall within sub-paragraph (a) or (b) if the child were under the age of 16.

(10) A person's family includes—

(a) the person's foster child;

(b) the foster child of any member of the person's family;

and references to a family relationship and family member are to be construed accordingly.

Commencement Information

I39 Art. 55 wholly in operation; art. 55 not in operation at date of making see art. 1(3); art. 55 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(m); art. 55 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(g)

Alignment with rest of UK N.I.

56.—(1) The Secretary of State may, by order, make such provision (including provision amending any statutory provision, including this Order) as he thinks necessary or expedient in consequence of or having regard to any relevant England and Wales legislation or any relevant Scottish legislation.

(2) An order may—

F161 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) confer power to make subordinate legislation.

(3) Relevant England and Wales legislation is any provision applying in England or Wales made by or under an Act of Parliament which the Secretary of State thinks—

(a) corresponds to provision made by or under this Order,

(b) F162 ... or

(c) affects the operation of any provision made by or under this Order.

(4) Relevant Scottish legislation is any provision made by or under an Act of the Scottish Parliament which the Secretary of State thinks—

(a) corresponds to provision made by or under this Order,

(b) F163 ... or

(c) affects the operation of any provision made by or under this Order.

F164 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F161 Art. 56(2)(a) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 99(2), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F162 Art. 56(3)(b) (except the word "or") repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 99(3), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F163 Art. 56(4)(b) (except the word "or") repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 99(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F164 Art. 56(5) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 99(5), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

Commencement Information

I40 Art. 56 wholly in operation; art. 56 not in operation at date of making see art. 1(3); art. 56(1)(2) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(m); art. 56 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.

General N.I.

Damages N.I.

57.—(1) No claim for damages lies in respect of any loss or damage suffered by any person in consequence of—

(a) the fact that an individual is included in a barred list;

(b) the fact that an individual is not included in a barred list;

(c) the provision of F165 ... information in pursuance of any of Articles 37, 38, 39, 41, 42, 43, 44, 47 and 48.

(2) Paragraph (1)(c) does not apply to the provision of information which is untrue by a person who knows the information is untrue and either—

(a) he is the originator of the information and he knew at the time he originated the information that it was not true, or

(b) he causes another person to be the originator of the information knowing, at the time the information is originated, that it is untrue.

(3) Nothing in this Order affects section 8 of the Human Rights Act 1998 (c. 42) as it relates to the power of a court to award damages in respect of an unlawful act of a public authority (within the meaning of that Act).

Textual Amendments

F165 Word in art. 57(1)(c) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 100, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa) (v)(bb)

Commencement Information

I41 Art. 57 wholly in operation; art. 57 not in operation at date of making see art. 1(3); art. 57 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(n); art. 57 in operation at 13.3.2009 by S.R. 2009/41, art. 3(1)(h)

Orders and regulations N.I.

58.—(1) Orders or regulations under this Order shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

(2) Paragraph (1) does not apply to an order made under Article 1, including such an order which contains provision made under Article 61 (except paragraph (3) of that Article).

Transitional provision N.I.

59.  Schedule 6 has effect.

Commencement Information

I42 Art. 59 wholly in operation at 14.4.2008; art. 59 not in operation at date of making see art. 1(3); art. 59 in operation for certain purposes at 14.3.2008 by S.R. 2008/127, art. 3(d); art. 59 in operation at 14.4.2008 by S.R. 2008/127, art. 4(o)

Amendments and repeals N.I.

60.—(1) Schedule 7 contains amendments.

(2) Schedule 8 contains repeals.

Commencement Information

I43 Art. 60 partly in operation; art. 60 not in operation at date of making see art. 1(3); art. 60(1) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 3(c); art. 60 in operation for certain purposes at 12.10.2009 by S.R. 2009/304, art. 3(c); art. 60 in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 3, Sch.; art. 60(2) in operation for certain purposes at 12.10.2009 by S.R. 2009/346, art. 4; art. 60(2) in operation for certain purposes at 7.4.2010 by S.R. 2010/145, art. 3

Supplementary, incidental, consequential etc. provision N.I.

61.—(1) An order or regulations under this Order may include—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as the Secretary of State thinks necessary or expedient.

(2) The Secretary of State may by order make such further provision as he considers appropriate—

(a) for the general purposes, or any particular purpose, of this Order;

(b) in consequence of any provision made by this Order;

(c) for giving full effect to this Order or any provision made by it.

(3) An order or regulations under this Order may amend, repeal, revoke or otherwise modify any statutory provision (including this Order).

(4) Nothing in this Order affects the generality of the power conferred by this Article.

Christine Cook

Deputy Clerk of the Privy Council