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49.—(1) In this Part—
“agencies” means—
the Police Service of Northern Ireland;
the Probation Board for Northern Ireland;
the Department of Education;
the Department for Employment and Learning;
the Department of Health, Social Services and Public Safety;
the Department for Social Development;
HSS Boards and [F1HSC trusts] ;
Education and Library Boards;
the Northern Ireland Housing Executive;
the National Society for the Prevention of Cruelty to Children;
[F2“child” means a person under the age of 18;
“conviction” includes—
a conviction by or before a court outside Northern Ireland;
any finding (other than a finding linked with a finding of insanity) in any criminal proceedings that a person has committed an offence or done the act or made the omission charged;
a caution given to a person in respect of an offence which, at the time when the caution was given, the person has admitted;]
“serious harm” means death or serious personal injury, whether physical or psychological;
“specified” means specified in guidance under Article 50.
[F3“relevant previous conviction”, in relation to a person, means a conviction for a sexual or violent offence by reason of which the person falls within a specified description of persons;]
(2) The Secretary of State may by order amend the definition of “agencies” in paragraph (1).
Textual Amendments
F1Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2
F2Words in art. 49(1) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(2)(a), 106(2); S.R. 2016/136, art. 2(a)
F3Words in art. 49(1) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(2)(b), 106(2); S.R. 2016/136, art. 2(a)
50.—(1) The Secretary of State may issue guidance to agencies on the discharge of any of their functions which contribute to the more effective assessment and management of the risks posed by persons of a specified description
(2) Guidance under this Article may contain provisions for the purpose of facilitating co-operation between agencies, including—
(a)provisions requiring agencies to maintain arrangements for that purpose and to draw up a memorandum of co-operation; and
(b)provisions regarding the exchange of information among them.
[F4(2A) Guidance under this Article must contain provisions about arrangements for considering the disclosure, to any particular member of the public, of information concerning any relevant previous convictions of a person where it is necessary to protect a particular child or particular children from serious harm caused by that person; and the guidance may, in particular, contain provisions for the purpose of preventing a member of the public from disclosing that information to any other person.]
(3) [F5Paragraphs (2) and (2A) do] not affect the generality of paragraph (1).
(4) Agencies shall give effect to guidance under this Article.
(5) The Secretary of State shall consult the agencies before issuing guidance under this Article.
(6) The Secretary of State shall not specify a description of persons in guidance under this Article unless, whether by reason of offences committed by them (in Northern Ireland or elsewhere) or otherwise, the Secretary of State has reason to believe that persons of that description may cause serious harm to the public.
Textual Amendments
F4Art. 50(2A) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(3), 106(2); S.R. 2016/136, art. 2(a)
F5Words in art. 50(3) substituted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(4), 106(2); S.R. 2016/136, art. 2(a)
51.—(1) The agencies shall, in consultation with the lay advisers appointed under paragraph (2), keep any arrangements mentioned in Article 50(2)(a) under review with a view to monitoring the effectiveness of the arrangements and making any changes which appear to be necessary or expedient.
(2) The Secretary of State shall appoint 2 lay advisers and pay to or in respect of them such allowances as the Secretary of State may determine.
(3) As soon as practicable after the end of each financial year, the agencies shall jointly prepare and publish a report on the discharge during that period of —
(a)their functions connected with assessing and managing risks posed by persons of a specified description; and
(b)their duty under paragraph (1).
(4) The report must include—
(a)details of any arrangements mentioned in Article 50(2)(a); and
(b)information of such descriptions as the Secretary of State may determine.
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