The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

3.—(1) This paragraph applies to a person if— N.I.

(a) it appears to [F1 ISA] that the person [F2 —

(i) has (at any time) engaged in relevant conduct, and

(ii) is or has been, or might in future be, engaged in regulated activity relating to children,], and

(b) [F1 ISA] proposes to include him in the children's barred list.

(2) [F1 ISA] must give the person the opportunity to make representations as to why he should not be included in the children's barred list.

(3) [F1 ISA] must include the person in the children's barred list if—

(a) it is satisfied that the person has engaged in relevant conduct,

[F3 (aa) it has reason to believe that the person is or has been, or might in future be, engaged in regulated activity relating to children,] and

(b) it [F4 is satisfied] that it is appropriate to include the person in the list.

(4) 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.

Textual Amendments

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

F2 Words in Sch. 1 para. 3(1)(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. 4(3)(a); S.I. 2012/2234, art. 2(z)(i) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F3 Sch. 1 para. 3(3)(aa) 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. 4(3)(b); S.I. 2012/2234, art. 2(z)(i) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

F4 Words in Sch. 1 para. 3(3)(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. 4(3)(c); S.I. 2012/2234, art. 2(z)(i) (with arts. 6-16) (as amended (31.3.2014) by S.I. 2014/831, art. 2(2))

Modifications etc. (not altering text)

C1 Sch. 1 para. 3(4) 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. 22(1)

Commencement Information

I1 Sch. 1 para. 3 wholly in operation; Sch. 1 para. 3 not in operation at date of making see art. 1(3); Sch. 1 para. 3 in operation for certain purposes at 14.4.2008 by S.R. 2008/127, art. 4(a); Sch. 1 para. 3 in operati9on at 13.3.2009 by S.R. 2009/41, art. 3(1)(i)