xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

Article 32

SCHEDULE 5N.I. [F1BARRING INFORMATION]

Textual Amendments

F1Sch. 5 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. 9 para. 102(4); S.I. 2012/2234, art. 2(aa)(v)

1.  This is the table referred to in [F2Articles 32A and 32B]N.I.

Column 1Column 2

1.  Person who permits, or is considering whether to permit, B to engage in regulated activity relating to childrenN.I.

Children

2.  Person who permits, or is considering whether to permit, B to engage in regulated activity relating to vulnerable adultsN.I.

Vulnerable adults
F3. . .F3. . .
F3. . .F3. . .

5.  Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to childrenN.I.

Children

6.  Personnel supplier in connection with the supply, or possible supply, of B to another person for B to engage in regulated activity relating to vulnerable adultsN.I.

Vulnerable adult
F4. . .F4. . .
F4. . .F4. . .

9.  Person who has parental responsibility for a child and is considering whether B is suitable to engage in regulated activity in relation to the child, but not if B is permitted to do so by an independent regulated activity providerN.I.

Children

10.  Parent who is considering whether B should be a private foster parent (within the meaning of Article 55 in relation to his childN.I.

Children

11.  Person (except the parent of a child to be fostered) making or who has made arrangements for another to foster a child who is considering whether B is suitable to live in premises in which the child is fosteredN.I.

Children

12.  An authority (within the meaning of the Children Order) in the exercise of functions under Article 108 of that Order considering whether B is suitable—N.I.

(a)to foster a child privately (within the meaning of that Order);

(b)to live in premises in which a child is so fostered

Children

13.  Person who is considering whether B is suitable to engage in regulated activity in relation to a vulnerable adult who is a friend or family member of the person, but not if B is permitted to do so by an independent regulated activity providerN.I.

Vulnerable adults

14.  Person who carries on an adult placement scheme and is considering whether B is suitable to live in premises in which an adult is provided with accommodation as part of the schemeN.I.

Vulnerable adults

15.  Person who is permitting, or considering whether to permit, B to have access to health or educational records relating to a chilN.I.

Children

16.  Person who is permitting, or considering whether to permit, B to have access to health records relating to vulnerable adultsN.I.

Vulnerable adults
F5. . .F5. . .

18.  Person who is permitting, or is considering whether to permit, B to engage in an activity in respect of which financial resources are provided pursuant to Article 4(2)(a) of the Further Education (Northern Ireland) Order 1997 (NI 15) or section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 29), if engaging in the activity gives B the opportunity to have contact with childrenN.I.

Children
F6. . .F6. . .

Textual Amendments

F2Words in Sch. 5 para. 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. 9 para. 102(2)(a); S.I. 2012/2234, art. 2(aa)(v)

F3Sch. 5 para. 1 table entries 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. 102(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F4Sch. 5 para. 1 table entries 7, 8 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. 102(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F5Sch. 5 para. 1 table entry 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. 102(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

F6Sch. 5 para. 1 table entry 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. 7 para. 9(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(ii) (bb)

Commencement Information

I1Sch. 5 para. 1 partly in operation; Sch. 5 para. 1 not in operation at date of making see art. 1(3); Sch. 5 para. 1 in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(z)

2.  The Secretary of State may by order amend [F7this Schedule ] .N.I.

Textual Amendments

F7Words in Sch. 5 para. 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. 9(5); S.I. 2012/2234, art. 2(z)(ii)

Commencement Information

I2Sch. 5 para. 2 partly in operation; Sch. 5 para. 2 not in operation at date of making see art. 1(3); Sch. 5 para. 2 in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 5(r)

Prospective

3.—(1) In entries 1 and 5 in the table the reference to regulated activity must be construed by disregarding sub-paragraph (2) of paragraph 2 of Schedule 2 if the activity—N.I.

(a)relates to a child who has not attained the age of 16, or

F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In entries 1, 2, 5, 6, 9 and 13 in the table the reference to regulated activity includes a reference to an activity which would be a regulated activity if—

(a)it were carried out frequently, or

(b)it were not merely incidental to another activity.

F9(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8Sch. 5 para. 3(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. 7 para. 9(6), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(z)(ii) (bb)

F9Sch. 5 para. 3(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. 102(3), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)

Prospective

4.  Parental responsibility has the same meaning as in the Children Order.N.I.

Prospective

5.  A regulated activity provider is an independent regulated activity provider unless it is a company wholly owned by B.N.I.

Prospective

6.  An adult placement scheme is a scheme—N.I.

(a)under which an individual agrees with the person carrying on the scheme to provide accommodation, in the home in which the individual ordinarily resides, 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.