The Safeguarding Vulnerable Groups (Barred List Prescribed Information) Regulations (Northern Ireland) 2008

Statutory Rules of Northern Ireland

2008 No. 202

Safeguarding Vulnerable Groups

The Safeguarding Vulnerable Groups (Barred List Prescribed Information) Regulations (Northern Ireland) 2008

Made

6th May 2008

Coming into operation

16th June 2008

To be laid before Parliament

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 6(5) and 61(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(1).

Citation and commencement N.I.

1.  These Regulations may be cited as the Safeguarding Vulnerable Groups (Barred List Prescribed Information) Regulations (Northern Ireland) 2008 and shall come into operation on 16th June 2008.

Commencement Information

I1 Reg. 1 in operation at 16.6.2008, see reg. 1

Interpretation N.I.

2.  In these Regulations—

F1 ...

“the Police National Computer identification number” means the reference number used on the Police National Computer to identify a particular individual;

“the Causeway System number” means the reference number used on the Causeway System to identify a particular individual; and

F1 ...

[F2 “the criminal record certificate number” means the number relating to any criminal record certificate within the meaning of section 113A of the Police Act 1997 or any enhanced criminal record certificate within the meaning of section 113B of the Police Act 1997.]

Textual Amendments

F1 Words in reg. 2 omitted (10.9.2012) by virtue of The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 3

F2 Words in reg. 2 substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 4

Commencement Information

I2 Reg. 2 in operation at 16.6.2008, see reg. 1

Other information that the IBB must keep in respect of an individual included in a barred list N.I.

3.  The descriptions of information set out in regulations 4 and 5 are prescribed as other information that the [F3 DBS] must keep in respect of an individual who is included on a barred list.

Textual Amendments

F3 Words in reg. 4 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(3)(d) (with Pt. 4)

Commencement Information

I3 Reg. 3 in operation at 16.6.2008, see reg. 1

N.I.

4.  The information prescribed by this regulation is the following information related to the identity of the individual and provided to the [F3 DBS] — N.I.

(a) any alternative names and aliases of the individual;

(b) the individual’s date and place of birth;

(c) the address of the individual;

F4 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) the Police National Computer identification number and the Causeway System number, if applicable, relating to the individual;

F5 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (h) the criminal record certificate number relating to the individual;]

(i) the national insurance number of the individual; and

(j) all additional information relating to the identity of the individual.

Textual Amendments

F3 Words in reg. 4 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(3)(d) (with Pt. 4)

F4 Reg. 4(d)(e) revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 5

F5 Reg. 4(g) revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 5

F6 Reg. 4(h) substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 6

Commencement Information

I4 Reg. 4 in operation at 16.6.2008, see reg. 1

N.I.

5.  The information prescribed by this regulation is the following information related to the [F7 DBS]’s functions— N.I.

(a) the date of the individual’s inclusion on the barred list;

(b) all information provided to the [F7 DBS] which it considers relevant to the decision of whether or not the individual should be barred;

(c) any information provided to the [F7 DBS] by keepers of relevant registers or supervisory authorities in accordance with Articles 43 (Registers: [F8 power] to refer) and 47 (Supervisory authorities: [F8 power] to refer) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;

(d) relevant police information provided to the [F7 DBS] but which the IBB must not take account of for the purpose of deciding whether or not the individual should be barred, in accordance with paragraph 19(5) and (6) of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (information which the chief officer of a relevant police force thinks that it would not be in the interests of the prevention or detection of crime to disclose to the individual);

(e) the reasons for the [F7 DBS]’s decision to bar the individual, including any findings of fact made by the [F7 DBS] giving rise to that decision;

(f) any information provided to the [F7 DBS], including representations made to it by the individual, which the [F7 DBS] considers might be relevant to any subsequent appeal or review; and

(g) the outcome of any such appeal or review and any information provided to or held by the [F7 DBS] following such proceedings, including any findings of fact.

Textual Amendments

F7 Words in reg. 5 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 13(1)(3)(d) (with Pt. 4)

F8 Words in reg. 5(c) substituted (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(3), 7

Commencement Information

I5 Reg. 5 in operation at 16.6.2008, see reg. 1

Paul Goggins

Minister of State

Northern Ireland Office

6th May 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 the Independent Barring Board (“IBB”) must maintain the children’s and adults’ barred lists which comprise of the names of individuals barred from regulated activity with such groups. Regulations 3, 4 and 5 prescribe descriptions of other information that IBB must keep in respect of a named individual who is included in such a barred list. Other information includes information other than the name of the individual which is already retained on the barred list itself. Regulation 4 lists information provided to IBB relating to the identity of the individual and regulation 5 lists information related to IBB’s functions, including information material to the decision to bar the individual.

(1)

S.I. 2007/1351 (N.I. 11).