2008 No. 201
The Safeguarding Vulnerable Groups (Prescribed Criteria) (Transitional Provisions) Regulations (Northern Ireland) 2008
Made
Coming into operation
To be laid before Parliament
Citation and CommencementI11
These Regulations may be cited as the Safeguarding Vulnerable Groups (Prescribed Criteria) (Transitional Provisions) Regulations (Northern Ireland) 2008 and shall come into operation on 16th June 2008.
InterpretationI22
1
In these Regulations—
“the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“connected offence” means, in relation to an offence specified in the Schedule, an offence of—
- a
attempting, conspiring, or incitement to commit that offence, or
- b
aiding, abetting, counselling or procuring the commission of that offence;
- a
“disqualification order” means an order of the court under Article 23 or 24 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 20033;
“relevant circumstances” means—
- a
in relation to an offence specified in sub-paragraph (a) or (b) of paragraph 1 of the Schedule, the circumstances described in the relevant sub-paragraph which relate to the commission of that offence, and
- b
in relation to an offence specified in sub-paragraph (c), (e) or (g)(i) of that paragraph, the circumstances referred to in the relevant sub-paragraph in relation to the commission of that offence.
- a
2
In regulation 3, a reference to an offence specified in paragraph 1(a) to (c), (e) or (g)(i) of the Schedule is a reference to that offence only where it was committed in relevant circumstances.
3
In regulations 3 and 4, a reference to an offence specified in the Schedule includes a reference to an offence which is a connected offence in relation to the specified offence.
4
For the purposes of regulations 3 and 4, an offence committed over a period of time must be treated as having been committed on the last day of that period.
Prescribed criteria – children’s barred listI33
1
The criteria prescribed for the purposes of paragraph 1 of Schedule 1 to the Order as it has effect for the purposes of Article 3(7) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 20084 are that the person has been convicted of, or cautioned in relation to, an offence specified in paragraph 1 of the Schedule which that person committed within the period of 10 years ending on the day that the Department of Health, Social Services and Public Safety or the Department of Education refers the person to F1DBS under Article 3(1)(c) of that Order for inclusion in the children’s barred list.
2
Paragraph 1 does not apply in relation to the commission of an offence specified in paragraph 1 of the Schedule if the court, having considered whether to make a disqualification order in relation to that commission of that offence, decided not to.
Prescribed criteria – adults’ barred listI44
The criteria prescribed for the purposes of paragraph 7 of Schedule 1 to the Order as it has effect for the purposes of Article 5(7) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 are that the person has been convicted of, or cautioned in relation to, an offence specified in paragraph 2 of the Schedule which that person committed within the period of 10 years ending on the day that the Department of Health, Social Services and Public Safety refers the person to F2DBS under Article 5(1)(c) of that Order for inclusion in the adults’ barred list.
SCHEDULE
I51
The offences specified for the purposes of regulation 3 are—
a
the offence of rape contrary to the common law of Scotland, where the offence was committed against a child;
b
the offence of rape contrary to the common law of Northern Ireland, where the offence was committed against a child;
c
any offence contrary to a provision specified in the first column of Part 1 of the table set out in this paragraph, where it was committed in circumstances specified in the corresponding entry in the second column of that Part of that table;
d
any offence contrary to a provision specified in Part 2 of that table;
e
any offence contrary to—
i
section 70 of the Army Act 19555,
ii
section 70 of the Air Force Act 19556, or
iii
section 42 of the Naval Discipline Act 19577,
which corresponds to an offence contrary to any provision specified in the first column of Part 1 of that table and which was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table;
f
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in Part 2 of that table; and
g
any offence contrary to section 42 of the Armed Forces Act 20068, where—
i
the corresponding offence under the law of England and Wales is one contrary to a provision specified in the first column of Part 1 of that table, and the offence under the Armed Forces Act 2006 was committed in circumstances specified in the entry in the second column of that Part of that table that corresponds to the relevant entry in the first column of that Part of that table, or
ii
the corresponding offence under the law of England and Wales is one contrary to a provision specified in Part 2 of that table.
Part 1 | |
---|---|
Provision | Circumstances |
Sexual Offences Act 1956, section 19 | The offence was committed against a child |
Mental Health Act 1959, section 12810 | The offence was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a)11 | The offence was committed against a child |
Mental Health (Northern Ireland) Order 1986, Article 12312 | The offence was committed against a child |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 31113 | The offence was committed against a child |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 31314 | The offence was committed against a child |
Sexual Offences Act 2003, section 115 | The offence was committed against a child |
Sexual Offences Act 2003, section 2 | The offence was committed against a child |
Sexual Offences Act 2003, section 30 | The offence was committed against a child |
Sexual Offences Act 2003, section 31 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences Act 2003, section 32 | The person who was present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences Act 2003, section 33 | The person caused to watch the sexual activity in question was a child |
Sexual Offences Act 2003, section 34 | The offence was committed against a child |
Sexual Offences Act 2003, section 35 | The person induced, threatened or deceived was a child |
Sexual Offences Act 2003, section 36 | The person who agreed to be present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences Act 2003, section 37 | The person induced, threatened or deceived was a child |
Sexual Offences Act 2003, section 38 | The offence was committed against a child |
Sexual Offences Act 2003, section 39 | The person caused or incited to engage in sexual activity was a child |
Sexual Offences Act 2003, section 40 | The person who was present or in a place from which the person committing the offence could be observed was a child |
Sexual Offences Act 2003, section 41 | The person caused to watch the sexual activity in question was a child |
Part 2 | |
Provision | |
Criminal Law Amendment Act 1885, section 416 | |
Sexual Offences Act 1956, section 517 | |
Criminal Law (Consolidation) (Scotland) Act 1995, section 5(1) or (2)18 | |
Sexual Offences Act 2003, section 5 | |
Sexual Offences Act 2003, section 6 | |
Sexual Offences Act 2003, section 7 | |
Sexual Offences Act 2003, section 8 | |
I62
The offences specified for the purposes of regulation 4 are—
a
any offence contrary to a provision specified in the table set out in this paragraph;
b
any offence contrary to—
i
section 70 of the Army Act 1955,
ii
section 70 of the Air Force Act 1955, or
iii
section 42 of the Naval Discipline Act 1957,
which corresponds to an offence contrary to any provision specified in that table; and
c
any offence contrary to section 42 of the Armed Forces Act 2006, where the corresponding offence under the law of England and Wales is one contrary to a provision specified in that table.
Provision | |
---|---|
Mental Health (Northern Ireland) Order 1986, Article 122(1)(a) | |
Mental Health (Northern Ireland) Order 1986, Article 123 | |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 311 | |
Mental Health (Care and Treatment)(Scotland) Act 2003, section 313 | |
Sexual Offences Act 2003, section 30 | |
Sexual Offences Act 2003, section 31 | |
Sexual Offences Act 2003, section 32 | |
Sexual Offences Act 2003, section 33 | |
Sexual Offences Act 2003, section 34 | |
Sexual Offences Act 2003, section 35 | |
Sexual Offences Act 2003, section 36 | |
Sexual Offences Act 2003, section 37 | |
Sexual Offences Act 2003, section 38 | |
Sexual Offences Act 2003, section 39 | |
Sexual Offences Act 2003, section 40 | |
Sexual Offences Act 2003, section 41 |
(This note is not part of the Regulations)