- Latest available (Revised)
- Point in Time (10/09/2012)
- Original (As made)
Version Superseded: 01/12/2012
Point in time view as at 10/09/2012.
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Professional bodies and supervisory authorities is up to date with all changes known to be in force on or before 31 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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43.—(1) A keeper of a relevant register [F2may ] provide [F3ISA] with any F4... 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 [F5or has been, or might in future be, engaged] in regulated activity F6..., and
(b)(except in a case where paragraph 1 [F7or 7 ] of Schedule 1 applies) that [F3ISA] may consider it appropriate for the person to be included in a barred list.
F8[F9(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(4C)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A keeper of a relevant register may provide [F3ISA] with any F10... 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. [F11Any 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 [F12Health 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
F1Word 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)
F2Word 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)
F3Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)
F4Word 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)
F5Words 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)
F6Words 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)
F7Words 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)
F8Art. 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)
F9Art. 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)
F10Word 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)
F11Words 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)
F12Words 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
I1Art. 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.
44.—(1) This Article applies if [F13ISA] 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) [F13ISA] 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
F13Words 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
I2Art. 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)
45.—[F15(1) Paragraph (2) applies if—
(a)ISA 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)ISA is aware that A is subject to a relevant disqualification.
(2) ISA 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 ISA relied in including A in the list as ISA 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 ISA to ascertain in relation to a person (A) whether—
(a)A is included in a barred list, or
(b)ISA is aware that A is subject to a relevant disqualification.
(4) ISA 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) ISA may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as ISA considers appropriate.
(5A) Paragraph (5B) applies if—
(a)a keeper of a register has applied to the Secretary of State to be notified in relation to a person (A) if—
(i)A is included in a barred list, or
(ii)the Secretary of State is aware that A is subject to a relevant disqualification, and
(b)the application has not been withdrawn.
(5B) The Secretary of State 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 the Secretary of State 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)the Secretary of State cancels the application on either of the following grounds—
(i)that the keeper has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the 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 ISA or (as the case may be) the Secretary of State is satisfied that the keeper of the register already has the information concerned.
(5F) The Secretary of State 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 F16. . . 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
F14Words 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)
F15Art. 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)
F16Words 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
I3Art. 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)
I4Art. 45(6) in operation at 10.9.2012 by S.R. 2012/330, art. 2(a)
I5Art. 45(7) in operation at 10.9.2012 in so far as not already in operation by S.R. 2012/330, art. 2(b)
F1746. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Art. 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
I6Art. 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)
47.—(1) A supervisory authority [F19may] provide [F20ISA] with any F21... 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 [F22or has been, or might in future be, engaged] in regulated activity F23..., and
(b)(except in a case where paragraph 1 [F24or 7] of Schedule 1 applies) that [F20ISA] may consider it appropriate for the person to be included in a barred list.
(5) The supervisory authority may provide [F20ISA] with any F25... 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.
F26(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) A supervisory authority is—
(a)[F27RQIA] 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.
[F28(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
F18Word 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)
F19Word 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)
F20Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)
F21Word 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)
F22Words 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)
F23Words 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)
F24Words 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)
F25Word 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)
F26Art. 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)
F27Words 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)
F28Art. 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
I7Art. 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.
48.—(1) This Article applies if [F29ISA] is considering—
(a)whether to include in a barred list a person in relation to whom [F29ISA] thinks that a supervisory authority may have prescribed information;
(b)whether to remove such a person from a barred list.
(2) [F29ISA] 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
F29Words 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
I8Art. 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)
49.—(1) If a supervisory authority applies to the [F31ISA] for information within paragraph (2) or (3) relating to a person (B), the [F31ISA] 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,
F32(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The information within this paragraph is—
(a)whether B is barred from regulated activity relating to vulnerable adults,
F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F33(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).
F34(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) The Secretary of State may [F35determine] the form, manner and contents of an application for the purposes of this Article.
Textual Amendments
F30Words 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)
F31Word in art. 49(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(2)(b); S.I. 2012/2234, art. 2(z)(vi)
F32Art. 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)
F33Art. 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)
F34Art. 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)
F35Word 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
I9Art. 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)
I10Art. 49(1)-(4) in operation at 10.9.2012 by S.R. 2012/330, art. 2(c)
I11Art. 49(7) in operation at 10.9.2012 in so far as not already in operation by S.R. 2012/330, art. 2(d)
50.—(1) This Article applies if—
(a)a person is F36... 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, F37...
F37(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F38determine] the form, manner and contents of an application for the purposes of this Article.
Textual Amendments
F36Word 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)
F37Art. 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)
F38Word 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
I12Art. 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)
51.—(1) This Article applies if—
(a)a person is F39... included in the adults' barred list,
(b)the Secretary of State becomes aware that a person is subject to a relevant adults' disqualification, F40...
F40(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 [F41determine] the form, manner and contents of an application for the purposes of this Article.
Textual Amendments
F39Word 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)
F40Art. 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)
F41Word 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
I13Art. 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)
52.—(1) This Article applies if [F42ISA] has information that it thinks is relevant to a supervisory authority.
(2) [F42ISA] [F43may (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 [F44which is mentioned in Article 47(7)] ,
but does not include information falling within paragraph 19(5) of Schedule 1 [F45or of any circumstance mentioned in Article 50(1) or 51(1)] in relation to a person.
[F46(4) A supervisory authority may apply to ISA under this Article only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in Article 47(7).
(5) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.]
Textual Amendments
F42Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)
F43Words 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)
F44Words 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)
F45Words 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)
F46Art. 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)
Commencement Information
I14Art. 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)
I15Art. 52 in operation at 10.9.2012 in so far as not already in operation by S.R. 2012/330, art. 2(e)
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