SCHEDULES
C4C5SCHEDULE 1BARRED LISTS
Sch. 1 modified (13.3.2009) by Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 (S.R. 2009/38), art. 6
PART ICHILDREN'S BARRED LIST
Automatic inclusion
I11
1
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.
3
On the reference being made, IBB must include the person in the children's barred list.
Inclusion subject to consideration of representations
I22
1
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to F1ISA.
3
On the reference being made, F1ISA must—
a
include the person in the children's barred list;
b
give the person the opportunity to make representations as to why he should be removed from the children's barred list.
4
If it appears to F1ISA that it is not appropriate for the person to be included in the list, it must remove him from the list.
Behaviour
I33
1
This paragraph applies to a person if—
a
it appears to F2ISA that the person has (at any time) engaged in relevant conduct, and
b
F2ISA proposes to include him in the children's barred list.
2
F2ISA must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3
F2ISA must include the person in the children's barred list if—
a
it is satisfied that the person has engaged in relevant conduct, and
b
it appears to F2ISA that it is appropriate to include the person in the list.
C14
This paragraph does not apply to a person if the relevant conduct consists only of an offence committed against a child before the commencement of Article 6 and the court, having considered whether to make a disqualification order, decided not to.
5
In sub-paragraph (4)—
a
the reference to an offence committed against a child must be construed in accordance with Chapter II of Part II of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
b
a disqualification order is an order under Article 23 or 24 of that Order.
I44
1
For the purposes of paragraph 3 relevant conduct is—
a
conduct which endangers a child or is likely to endanger a child;
b
conduct which, if repeated against or in relation to a child, would endanger that child or would be likely to endanger him;
c
conduct involving sexual material relating to children (including possession of such material);
d
conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to F3ISA that the conduct is inappropriate;
e
conduct of a sexual nature involving a child, if it appears to F3ISA that the conduct is inappropriate.
2
A person's conduct endangers a child if he—
a
harms a child,
b
causes a child to be harmed,
c
puts a child at risk of harm,
d
attempts to harm a child, or
e
incites another to harm a child.
3
“Sexual material relating to children” means—
a
indecent images of children, or
b
material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
4
“Image” means an image produced by any means, whether of a real or imaginary subject.
5
A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
6
For the purposes of sub-paragraph (1)(d) and (e), F3ISA must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
Risk of harm
I55
1
This paragraph applies to a person if—
a
it appears to F4ISA that the person falls within sub-paragraph (4), and
b
F4ISA proposes to include him in the children's barred list.
2
F4ISA must give the person the opportunity to make representations as to why he should not be included in the children's barred list.
3
F4ISA must include the person in the children's barred list if—
a
it is satisfied that the person falls within sub-paragraph (4), and
b
it appears to F4ISA that it is appropriate to include the person in the list.
4
A person falls within this sub-paragraph if he may—
a
harm a child,
b
cause a child to be harmed,
c
put a child at risk of harm,
d
attempt to harm a child, or
e
incite another to harm a child.
Restriction on inclusion
I66
1
F5ISA must not include a person in the children's barred list—
a
only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
b
if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
2
A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of F5ISA.
3
A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.
PART IIADULTS' BARRED LIST
Automatic inclusion
I77
1
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to IBB.
3
On the reference being made, IBB must include the person in the adults' barred list.
Inclusion subject to consideration of representations
I88
1
This paragraph applies to a person if any of the criteria prescribed for the purposes of this paragraph is satisfied in relation to the person.
2
If it appears to the Secretary of State that this paragraph applies to a person the Secretary of State must refer the matter to F6ISA.
3
On the reference being made, F6ISA must—
a
include the person in the adults' barred list;
b
give the person the opportunity to make representations as to why he should be removed from the adults' barred list.
4
If it appears to F6ISA that it is not appropriate for the person to be included in the list, it must remove him from the list.
Behaviour
I99
1
This paragraph applies to a person if—
a
it appears to F7ISA that the person has (at any time) engaged in relevant conduct, and
b
F7ISA proposes to include him in the adults' barred list.
2
F7ISA must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3
F7ISA must include the person in the adults' barred list if—
a
it is satisfied that the person has engaged in relevant conduct, and
b
it appears to F7ISA that it is appropriate to include the person in the list.
I1010
1
For the purposes of paragraph 9 relevant conduct is—
a
conduct which endangers a vulnerable adult or is likely to endanger a vulnerable adult;
b
conduct which, if repeated against or in relation to a vulnerable adult, would endanger that adult or would be likely to endanger him;
c
conduct involving sexual material relating to children (including possession of such material);
d
conduct involving sexually explicit images depicting violence against human beings (including possession of such images), if it appears to F8ISA that the conduct is inappropriate;
e
conduct of a sexual nature involving a vulnerable adult, if it appears to F8ISA that the conduct is inappropriate.
2
A person's conduct endangers a vulnerable adult if he—
a
harms a vulnerable adult,
b
causes a vulnerable adult to be harmed,
c
puts a vulnerable adult at risk of harm,
d
attempts to harm a vulnerable adult, or
e
incites another to harm a vulnerable adult.
3
“Sexual material relating to children” means—
a
indecent images of children, or
b
material (in whatever form) which portrays children involved in sexual activity and which is produced for the purposes of giving sexual gratification.
4
“Image” means an image produced by any means, whether of a real or imaginary subject.
5
A person does not engage in relevant conduct merely by committing an offence prescribed for the purposes of this sub-paragraph.
6
For the purposes of sub-paragraph (1)(d) and (e), F8ISA must have regard to guidance issued by the Secretary of State as to conduct which is inappropriate.
Risk of harm
I1111
1
This paragraph applies to a person if—
a
it appears to F9ISA that the person falls within sub-paragraph (4), and
b
F9ISA proposes to include him in the adults' barred list.
2
F9ISA must give the person the opportunity to make representations as to why he should not be included in the adults' barred list.
3
F9ISA must include the person in the adults' barred list if—
a
it is satisfied that the person falls within sub-paragraph (4), and
b
it appears to F9ISA that it is appropriate to include the person in the list.
4
A person falls within this sub-paragraph if he may—
a
harm a vulnerable adult,
b
cause a vulnerable adult to be harmed,
c
put a vulnerable adult at risk of harm,
d
attempt to harm a vulnerable adult, or
e
incite another to harm a vulnerable adult.
Restriction on inclusion
I1212
1
F10ISA must not include a person in the adults' barred list—
a
only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground (whether or not it decided to include him in the list), or
b
if, in accordance with such criteria as the Secretary of State specifies by order, it is more appropriate for the person's case to be considered by the relevant Scottish authority.
2
A relevant Scottish authority is such authority as the Secretary of State specifies by order as exercising for the purposes of the law of Scotland functions which correspond to those of F10ISA.
3
A corresponding list is a list maintained for the purposes of the law of Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.
C2C3PART IIISUPPLEMENTARY
Procedure
I1313
1
F11ISA must ensure that in respect of any information it receives in relation to an individual from whatever source or of whatever nature it considers whether the information is relevant to its consideration as to whether the individual should be included in each barred list.
2
Sub-paragraph (1) does not, without more, require F11ISA to give an individual the opportunity to make representations as to why he should not be included in a barred list.
I1414
When an individual is included in a barred list F12ISA must take all reasonable steps to notify the individual of that fact.
I1515
1
The Secretary of State may, by regulations, make provision as to the procedure to be followed for the purposes of any decision F13ISA is required or authorised to take under this Schedule.
2
Such provision may include provision as to the time within which anything is to be done.
Representations
I1616
1
A person who is, by virtue of any provision of this Schedule, given an opportunity to make representations must have the opportunity to make representations in relation to all of the information on which F14ISA intends to rely in taking a decision under this Schedule.
2
Any requirement of this Schedule to give a person an opportunity to make representations does not apply if F14ISA does not know and cannot reasonably ascertain the whereabouts of the person.
3
The opportunity to make representations does not include the opportunity to make representations that findings of fact made by a competent body were wrongly made.
4
Findings of fact made by a competent body are findings of fact made in proceedings before one of the following bodies or any of its committees—
a
the General Teaching Council for Northern Ireland
b
the Council of the Pharmaceutical Society of Northern Ireland;
c
the General Medical Council;
d
the General Dental Council;
e
the General Optical Council;
f
the General Osteopathic Council;
g
the General Chiropractic Council;
h
the Nursing and Midwifery Council;
i
the Health Professions Council;
j
the Northern Ireland Social Care Council.
5
The Secretary of State may by order amend sub-paragraph (4) by inserting a paragraph or amending or omitting a paragraph for the time being contained in the sub-paragraph.
I1717
1
This paragraph applies to a person who is included in a barred list (except a person included in pursuance of paragraph 1 or 7) if, before he was included in the list, F15ISA was unable to ascertain his whereabouts.
2
This paragraph also applies to such a person if—
a
he did not, before the end of any time prescribed for the purpose, make representations as to why he should not be included in the list, and
b
F15ISA grants him permission to make such representations out of time.
3
If a person to whom this paragraph applies makes such representations after the prescribed time—
a
F15ISA must consider the representations, and
b
if it thinks that it is not appropriate for the person to be included in the list concerned, it must remove him from the list.
4
For the purposes of this paragraph, it is immaterial that any representations mentioned in sub-paragraph (3) relate to a time after the person was included in the list concerned.
Review
I1818
1
A person who is included in a barred list may apply to F16ISA for a review of his inclusion.
2
An application for a review may be made only with the permission of F16ISA.
3
A person may apply for permission only if—
a
the application is made after the end of the minimum barred period, and
b
in the prescribed period ending with the time when he applies for permission, he has made no other such application.
4
F16ISA must not grant permission unless it thinks—
a
that the person's circumstances have changed since he was included in the list or since he last applied for permission (as the case may be), and
b
that the change is such that permission should be granted.
5
On a review of a person's inclusion, if F16ISA is satisfied that it is no longer appropriate for him to be included in the list it must remove him from it; otherwise it must dismiss the application.
6
The minimum barred period is the prescribed period beginning with such of the following as may be prescribed—
a
the date on which the person was first included in the list;
b
the date on which any criterion prescribed for the purposes of paragraph 1, 2, 7 or 8 is first satisfied;
c
where the person is included in the list on the grounds that he has been convicted of an offence in respect of which a sentence of imprisonment or detention was imposed, the date of his release;
d
the date on which the person made any representations as to why he should not be included in the list.
Information
I1919
1
F17ISA may require—
a
any person who holds records of convictions or cautions for the use of police forces generally to provide to it any relevant information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies;
b
any person who holds such records to provide to it prescribed details of relevant matter (within the meaning of section 113A of the Police Act 1997 (c. 50)) relating to a person to whom any of those paragraphs apply;
c
the chief officer of a relevant police force to provide to it any such relevant information;
d
any person who holds information prescribed for the purposes of Article 28(8)(c) to provide to it any such information relating to a person to whom any of paragraphs 1 to 5 or 7 to 11 applies.
2
For the purposes of sub-paragraph (1)(a), relevant information relating to a person is information which the person holding the records thinks might be relevant in relation to the regulated activity concerned.
3
For the purposes of sub-paragraph (1)(c), relevant information relating to a person is information which the chief officer thinks might be relevant in relation to the regulated activity concerned.
4
5
For the purpose of deciding under this Schedule whether or not a person is included in a barred list F17ISA must not take account of relevant police information if the chief officer of the relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose the information to the person.
6
In sub-paragraph (5) relevant police information is information which falls within sub-paragraph (3), whether it is obtained by F17ISA in pursuance of subparagraph (1)(c) or paragraph 20(2).
7
In this paragraph—
“caution” has the same meaning as in section 126 of the Police Act 1997 (c. 50);
“relevant police force” must be construed in accordance with subsection (9) of section 113B of that Act as if the person had made an application for the purposes of that section.
8
I2020
1
The Department of Health, Social Services and Public Safety may provide to F18ISA any information relating to a person which is held by that Department in connection with its functions under Part II or III of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.
2
The Department of Education may provide to F18ISA any information relating to a person which is held by that Department in connection with its functions under Articles 70(2)(e)(iii) and 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3).
3
The Secretary of State must provide to F18ISA any information relating to a person which is held by him in connection with his functions under this Order (except information he holds relating to an offence prescribed for the purposes of paragraph 4(5) or 10(5) of this Schedule).
I2121
F19ISA must provide the Secretary of State with the prescribed information relating to a person if—
a
it includes that person in a barred list;
b
it is considering whether to include him in a barred list;
c
it thinks that any of the criteria prescribed for the purposes of paragraph 1, 2, 7 or 8 is satisfied in relation to him and that the Secretary of State does not already have the information.
I2222
The Secretary of State must inform the Scottish Ministers if a person is included in a barred list.
I2323
F20ISA may—
a
at the request of the Secretary of State provide him with such information relating to the exercise of its functions as F20ISA thinks may be relevant to the exercise by the Secretary of State of any of his functions;
Prescribed criteria
I2424
1
The criteria which may be prescribed for the purposes of paragraphs 1, 2, 7 and 8 are—
a
that a person has been convicted of, or cautioned in relation to, an offence of a specified description;
b
that an order of a specified description requiring the person to do or not to do anything has been made against him;
c
that a person is included in a specified list maintained for the purposes of a country or territory outside the United Kingdom;
d
that an order or direction of a specified description requiring the person to do or not to do anything has been made against him for the purposes of a country or territory outside the United Kingdom.
2
The power to specify offences for the purposes of sub-paragraph (1) includes power to specify offences under—
F22a
the law of a country or territory outside Northern Ireland;
b
section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18);
c
section 70 of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);
d
section 42 of the Naval Discipline Act 1957 (c. 53);
e
section 42 of the Armed Forces Act 2006 (c. 52).
3
The Secretary of State may specify a list for the purposes of sub-paragraph (1)(c) only if he thinks that inclusion in the list has a corresponding or similar effect to inclusion in a barred list.
4
For the purposes of determining whether any of the criteria is satisfied in relation to a person, ignore—
a
any offence committed before he attained the age of 18;
b
any order or direction made before that time.
5
The criteria which may be prescribed for the purposes of paragraph 1 or 2 must not consist only of circumstances in which the person has committed an offence against a child before the commencement of Article 6 if the court, having considered whether to make a disqualification order, decided not to.
6
In sub-paragraph (5)—
a
the reference to an offence committed against a child must be construed in accordance with Chapter II of Part II of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4);
b
a disqualification order is an order under Article 23 or 24 of that Order.
7
For the purposes of sub-paragraph (4) an offence committed over a period of time must be treated as committed on the last day of the period.
8
For the purpose of considering whether the criteria apply to an individual, the Secretary of State must, from time to time, examine records of convictions or cautions held for the use of police forces generally.
9
Sub-paragraph (8) does not apply to records of convictions made, or cautions given, before such date as is prescribed.
F2310
For the purposes of sub-paragraph (2)(a) in its application to an offence committed outside the British Islands the Secretary of State must not specify the offence unless—
a
the conduct which constitutes the offence would, if carried out in Northern Ireland, amount to an offence under the law of Northern Ireland (the equivalent offence), and
b
the equivalent offence is also specified for the purposes of paragraph 1, 2, 7 or 8 (as the case may be).
I2525
F241
A court by or before which a person is convicted of an offence of a description specified for the purposes of paragraph 24(1)(a), or which makes an order of a description specified for the purposes of paragraph 24(1)(b), must inform the person at the time he is convicted or the order is made that F25ISA will include him in the barred list concerned.
F262
This paragraph does not apply to convictions by or before a court in a country or territory outside Northern Ireland.
Sch. 1 modified (12.10.2009) by Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 (S.R. 2009/304), art. 10 (with art. 5)