The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Professional bodies and supervisory authorities N.I.

Registers: duty to refer N.I.

43.—(1) A keeper of a relevant register must provide [F1 ISA] with any prescribed 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 engaged or may engage in regulated activity or controlled activity, and

(b) (except in a case where paragraph 1, 2, 7 or 8 of Schedule 1 applies) that [F1 ISA] may consider it appropriate for the person to be included in a barred list.

[F2 (4A) Paragraph (4B) applies where the keeper of a relevant register appearing in any of the entries in column 1 of the table in paragraph (7) thinks that the harm test is satisfied.

(4B) Where this paragraph applies, the second condition is to be taken as satisfied if—

(a) a relevant registration decision has effect in relation to the person and the reason, or one of the reasons, for the relevant registration decision is also the reason, or one of the reasons, for the keeper thinking the harm test is satisfied,

(b) the person is under investigation by the body of which the keeper is the registrar in relation to an offence and matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or

(c) the body of which the keeper is the registrar holds information about the person which the keeper thinks is likely, in due course—

(i) to lead to the making of a relevant registration decision for a reason which is the same as the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or

(ii) to lead to an investigation in relation to an offence in which matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied.

(4C) For the purposes of paragraph (4B), a relevant registration decision is a decision, however expressed—

(a) to refuse to register a person in a relevant register,

(b) to remove a person from a relevant register,

(c) to suspend a person's registration in a relevant register (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),

(d) to make a person's registration in a relevant register conditional on the person's compliance with specified requirements (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),

(e) to annotate a person's entry in a relevant register with a record of a formal caution or warning, or

(f) to agree with a person's undertakings in respect of that person's future conduct, if those undertakings are recorded in the relevant register.]

(5) A keeper of a relevant register may provide [F1 ISA] with any prescribed 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.   [F3 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 Health 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

F1 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F2 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)

F3 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)

Commencement Information

I1 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 [F4 ISA] 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) [F4 ISA] 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

F4 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

Commencement Information

I2 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: notice of barring and cessation of monitoring N.I.

45.—(1) Paragraph (2) applies if the Secretary of State knows or thinks that a person (A) appears on a relevant register and either—

(a) A is newly included in a barred list or the Secretary of State becomes aware that A is subject to a relevant disqualification, or

(b) having been subject to monitoring, A ceases to be so subject by virtue of Article 30.

(2) The Secretary of State must—

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

(b) in a case where A is newly included in a barred list, require [F5 ISA] to provide the keeper with all the information on which [F5 ISA] relied in deciding to include A in the list.

(3) If [F5 ISA]—

(a) knows or thinks that a person appears on a relevant register; and

(b) becomes aware of relevant information relating to that person,

it must provide the keeper of the register with that information.

(4) In paragraph (3), relevant information is information which—

(a) 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 keeper of the register.

(5) But, in that paragraph, relevant information does not include—

(a) information that any of the events mentioned in paragraph (1)(a) and (b) has occurred in relation to the person;

(b) the information mentioned in paragraph (2)(b);

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

(6) In this Article—

(a) a relevant register is a register appearing in column 1 F6 . . . 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

F5 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F6 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

I3 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)

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

46.—(1) If the keeper of a relevant register applies to the Secretary of State for information within paragraph (2) in relation to a person (B), the Secretary of State must provide the keeper of the register with that information.

(2) The information within this paragraph is—

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

(b) whether [F7 ISA] is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or 9 or 11 of Schedule 1,

(c) whether B is subject to monitoring in relation to regulated activity relating to children or vulnerable adults,

(d) if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4), whether the Secretary of State has yet done so, and

(e) if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.

(3) The keeper of a relevant register may apply for information under this Article in relation to a person only if—

(a) the person appears in the register, or

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

(4) In this Article—

(a) a relevant register is a register appearing in column 1 F8 . . . of the table in Article 43(7), and

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

(5) In paragraph (2)(e) “simultaneous application” means an application made simultaneously with B's monitoring application under Article 28.

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

(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article.

Textual Amendments

F7 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F8 Words in art. 46(4)(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. 24 (which amendment supersedes omitted (prosp.) by virtue of Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182), arts. 1(8), 4(2), Sch. 5 para. 13 (with arts. 9, 10))

Commencement Information

I4 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: duty to refer N.I.

47.—(1) A supervisory authority must provide [F9 ISA] with any prescribed 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 engaged or may engage in regulated activity or controlled activity, and

(b) (except in a case where paragraph 1, 2, 7 or 8 of Schedule 1 applies) that [F9 ISA] may consider it appropriate for the person to be included in a barred list.

(5) The supervisory authority may provide [F9 ISA] with any prescribed 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.

(6) Paragraph (1) does not apply if the supervisory authority is satisfied that [F9 ISA] already has the information.

(7) A supervisory authority is—

(a) [F10 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.

[F11 (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

F9 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F10 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)

F11 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

I5 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 [F12 ISA] is considering—

(a) whether to include in a barred list a person in relation to whom [F12 ISA] thinks that a supervisory authority may have prescribed information;

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

(2) [F12 ISA] 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

F12 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

Commencement Information

I6 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 vetting information N.I.

49.—(1) If a supervisory authority applies to the Secretary of State for information within paragraph (2) or (3) relating to a person (B), the Secretary of State 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,

(b) whether [F13 ISA] is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 1,

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

(d) if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with his monitoring application, whether the Secretary of State has yet done so, and

(e) if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.

(3) The information within this paragraph is—

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

(b) whether [F13 ISA] is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of Schedule 1,

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

(d) if B is subject to such monitoring and the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with his monitoring application, whether the Secretary of State has yet done so, and

(e) if B is subject to such monitoring and has made a simultaneous application under section 113B of the Police Act 1997, whether the Secretary of State has yet issued an enhanced criminal record certificate under that section.

(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).

(5) In paragraphs (2)(e) and (3)(e), “simultaneous application” means an application made simultaneously with B's monitoring application under Article 28.

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

(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article.

Textual Amendments

F13 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

Commencement Information

I7 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)

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

50.—(1) This Article applies if—

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

(b) the Secretary of State becomes aware that a person is subject to a relevant children's disqualification, or

(c) having been subject to monitoring in relation to regulated activity relating to children, a person ceases to be so subject by virtue of Article 30.

(2) The Secretary of State 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 the Secretary of State 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 the Secretary of State 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 the Secretary of State 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) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article.

Commencement Information

I8 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 newly included in the adults' barred list,

(b) the Secretary of State becomes aware that a person is subject to a relevant adults' disqualification, or

(c) having been subject to monitoring in relation to regulated activity relating to vulnerable adults, a person ceases to be so subject by virtue of Article 30.

(2) The Secretary of State 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 the Secretary of State 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 the Secretary of State 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 the Secretary of State 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) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article.

Commencement Information

I9 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 [F14 ISA] has information that it thinks is relevant to a supervisory authority.

(2) [F14 ISA] must 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,

but does not include information falling within paragraph 19(5) of Schedule 1 or information that any of the events mentioned in Article 50(1)(a), (b) and (c) or 51(1)(a), (b) and (c) has occurred in relation to a person.

Textual Amendments

F14 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

Commencement Information

I10 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)