2009 No. 346 (C. 24)
Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) Order (Northern Ireland) 2009
Made
The Secretary of State makes the following Order in exercise of the powers conferred by Articles 1(3) and 61(1) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 20071.
PART 1Introduction
CitationI11
This Order may be cited as the Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) Order (Northern Ireland) 2009.
InterpretationI22
1
In this Order
“the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“the 1986 Order” means the Education and Libraries (Northern Ireland) Order 19862;
“the 2007 Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 20073;
“the 2008 Order” means the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 20084;
“disqualification order” means an order under Article 23 or 24 of POCVA;
F2“disqualified from working with children” means disqualified from working with children for the purposes of Part II of POCVA;
“POCVA” means the Protection of Children and Vulnerable Adults (Northern Ireland) Order 20035;
“the relevant provisions of POCVA” means the provisions of that Order specified in the Schedule to this Order.
PART 2Commencement
Provisions coming into operation on 12th October 2009I33
1
12th October 2009 is the day appointed for the coming into operation of the provisions of the Order specified in column 1 of the Schedule.
2
Where a particular purpose is specified in column 2 of the Schedule in relation to any such provision, the provision shall come into operation on that date for that purpose only.
Repeal of provisions of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003I44
1
The repeal of the remaining provisions of POCVA by Article 60(2) and Schedule 8 to the Order shall come into operation on 12th October 2009 for the purposes specified in the following provisions of this Article.
2
The provisions of POCVA referred to in paragraph (1) shall cease to have effect for the purposes of enabling a disqualification order to be made in relation to a person who is barred from regulated activity by virtue of Article 7(2) of the Order.
3
Article 30 of POCVA shall cease to have effect for the purpose of making it an offence for a person knowingly to apply for, to offer to do, to accept or to do any work in a regulated position (within the meaning of Article 31 of that Order) where—
a
the person falls within paragraph (4); and
b
is disqualified from working with children only by reason of a disqualification order falling within paragraph (5).
4
A person (“P”) falls within this paragraph if P—
a
is or has at any time been barred from regulated activity by virtue of Article 7(2) of the Order; or
5
A disqualification order falls within this paragraph if—
a
P was subject to a disqualification order immediately before F16DBS included P in the children’s barred list; and
b
at the time F16DBS was aware that P was subject to the disqualification order.
6
In paragraph (1) “the remaining provisions of POCVA” means the provisions of that Order other that those specified in the Schedule to this Order.
PART 3Transitional provisions and savings
Persons included in the list of persons unsuitable to work with children: Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003I55
1
Notwithstanding the commencement under Article 3 of the repeal of the relevant provisions of POCVA, those provisions shall continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.
2
The relevant provisions of POCVA shall continue to have effect for the purposes of—
a
keeping the list under Article 3 of that Order;
b
providing for the effect of P’s inclusion in that list in accordance with Article 16 of that Order;
c
determining whether P is to be removed from that list and providing for P’s removal.
3
For the purposes of paragraph (2)(c), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under Article 11 of that Order or on an application under Article 12 of that Order.
4
P is a person—
a
who immediately before 12th October 2009 is included in the list kept under Article 3 of POCVA, and
b
in relation to whom none of the matters described in paragraph (5)(b) to (e) has occurred before that date.
5
The matters referred to in paragraph (1) are—
a
P is removed from the list kept under Article 3 of POCVA in accordance with a provision of that Order F3and—
i
there is no outstanding appeal relating to P’s removal from the list, and
ii
the period of time in which any appeal relating to the removal of P from the list may be expired;
F4b
P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and—
i
F17DBS is not required under Article 3(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list; or
ii
where F17DBS is required under that Article to give P the opportunity to make such representations, it decides under that Article not to remove P from that list; and
iii
where paragraph (i) or (ii) applies—
aa
there is no outstanding review of P’s inclusion in the list kept under Article 3 of POCVA,
bb
there is no outstanding appeal relating to P’s inclusion in that list, and
cc
the period of time in which any appeal relating to P’s inclusion in that list may be made has expired;
c
P is included in the children’s barred list other than in accordance with Article 3(2)(a) of the 2008 Order;
d
in accordance with Article 3(4) of the 2008 Order, F17DBS removes P from the children’s barred list;
F55A
Where P has been included in the children’s barred list in accordance with Article 3(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, F17DBS must remove P from the list unless it is satisfied that paragraph 1 or 2 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.
6
Article 7 of the Order does not apply to P until the relevant provisions of POCVA cease to have effect in relation to P in accordance with this Article.
F67
For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Health, Social Services and Public Safety for the purposes of determining whether P should be removed from the list pursuant to Article 3(3) of POCVA.
Persons included in the list of persons unsuitable to work with vulnerable adults: Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003I66
1
Notwithstanding the commencement under Article 3 of the repeal of the relevant provisions of POCVA, those provisions shall continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.
2
The relevant provisions of POCVA shall continue to have effect for the purposes of—
a
keeping the list under Article 35 of that Order;
b
providing for the effect of P’s inclusion in that list in accordance with Article 46 of that Order;
c
determining whether P is to be removed from that list and providing for P’s removal.
3
For the purposes of paragraph (2)(c), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under Article 42 of that Order or on an application under Article 43.
4
P is a person—
a
who immediately before 12th October 2009 is included in the list kept under Article 35 of POCVA, F7and—
i
there is no outstanding appeal relating to P’s removal from the list, and
ii
the period of time in which any appeal relating to the removal of P from the list may be made has expired; and
b
in relation to whom none of the matters described in paragraph (5)(b) to (e) has occurred before that date.
5
The matters referred to in paragraph (1) are—
a
P is removed from the list kept under Article 35 of POCVA in accordance with a provision of that Order;
F8b
P is included in the adults’ barred list pursuant to Article 5(2)(a) of the 2008 Order and
i
F18DBS is not required under Article 5(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where F18DBS is required under that Article to give P the opportunity to make such representations, it decides under that Article not to remove P from that list, and
iii
where paragraph (i) or (ii) applies—
aa
there is no outstanding review of P’s inclusion in the list kept under Article 35 of POCVA,
bb
there is no outstanding appeal relating to P’s inclusion in that list, and
cc
the period of time in which any appeal relating to P’s inclusion in that list may be made has expired;
c
F18DBS includes P in the adults’ barred list other than in accordance with Article 5(2)(a) of the 2008 Order;
d
in accordance with Article 5(4) of the 2008 Order, F18DBS removes P from the adults’ barred list;
F95A
Where P has been included in the adults’ barred list in accordance with Article 5(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, F18DBS must remove P from the list unless it is satisfied that paragraph 7 or 8 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the adult’s barred list) applies to P.
6
Article 7 of the Order does not apply to P until the relevant provisions of POCVA cease to have effect in relation to P in accordance with this Article.
F107
For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Health, Social Services and Public Safety for the purposes of determining whether P should be removed from the list pursuant to Article 35(3) of POCVA.
Persons prohibited from teaching or working with children: The Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007I77
1
Notwithstanding the commencement under Article 3 of—
a
paragraph 2 of Schedule 7 to the Order; and
b
the repeal of the relevant provisions of POCVA,
those provisions shall continue to have effect in relation to a person falling within paragraph (3) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (4) applies to P.
2
The provisions mentioned in paragraph (1) continue to have effect for the purposes of—
a
keeping a list under regulation 8 of the 2007 Regulations;
b
providing for the effect of P’s inclusion in that list in accordance with Article 16 of POCVA;
c
d
giving effect to the 2007 Regulations in so far as those regulations are relevant for the purposes specified in sub-paragraphs (a) to (c).
3
P is a person—
a
who immediately before the 12th October 2009—
i
is included in the list kept under Article 3 of POCVA; or
ii
is not included in that list but who is included in the list kept under regulation 8 of the 2007 Regulations on the grounds referred to in Article 70(2)(e)(iii) or Article 88A(2)(b)(iii) of the 1986 Order; and
b
in relation to whom none of the matters described in paragraph (4)(b) to (e) has occurred before that date.
4
The matters referred to in paragraph (1) are—
F12a
a prohibition in relation to P is revoked under regulation 7, 9 or 11 of the 2007 Regulations and—
i
there is no outstanding appeal relating to the revocation of the prohibition, and
ii
the period of time in which any appeal relating to the revocation of the prohibition may be made has expired.
F13b
P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and—
i
F19DBS is not required under Article 3(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where F19DBS is required under that Article to give P the opportunity to make such representations, it decides not to remove P from that list, and
iii
where paragraph (i) or (ii) applies—
aa
there is no outstanding review relating to a prohibition made in relation to P under regulations 4 or 6 of the 2007 Regulations,
bb
there is no outstanding appeal relating to a decision not to revoke a prohibition made in relation to P, and
cc
the period of time in which any appeal relating to the decision not to revoke a prohibition in relation to P may be made has expired;
c
P is included in the children’s barred list other than in accordance with Article 3(2)(a) of the 2008 Order;
d
in accordance with Article 3(4) of the 2008 Order, F19DBS removes P from the children’s barred list;
F144A
Where P has been included in the children’s barred list in accordance with Article 3(2)(a) of the 2008 Order and where paragraph (4)(a) is satisfied at any time whilst P is so included, F19DBS must remove P from that list unless it is satisfied that paragraph 1 or 2 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.
5
Article 7 of the Order does not apply to a person falling within paragraph (3)(a)(ii) until the provisions referred to in paragraph (1) cease to have effect in relation to that person in accordance with this Article.
F156
For the purposes of paragraph (4)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Education for the purposes of determining whether a prohibition made in relation to P should be revoked under regulation 7 or 9 of the 2007 Regulations.
I8SCHEDULEProvisions coming into operation on 12th October 2009
Column 1 | Column 2 |
---|---|
Article 6 (in so far as it is not already in operation) | |
Article 7 (in so far as it is not already in operation) | |
Article 10 (in so far as it is not already in operation) | |
Article 11 | |
Article 13 | |
Article 22 | In so far as it relates to an offence under Article 13 or 40 |
Article 23(2) and (5) | |
Article 23(8) | In so far as it relates to Article 23(2) |
Article 24(1) | In so far as it relates to an offence under Article 23(2) |
Article 25 | In so far as it relates to Articles 37 F1, 38, 41, 43 and 47 |
Article 26 | In so far as it relates to Articles 37 to 39, 41, 43 and 47 |
Articles 27(1) and (2) | |
Article 27(3) | In so far as it relates to Article 37 |
Articles 37 (in so far as it is not already in operation) | |
Articles 38 (in so far as it is not already in operation) | |
Articles 40 (in so far as it is not already in operation) | |
Articles 41 (in so far as it is not already in operation) | |
Articles 43 (in so far as it is not already in operation | |
Articles 47 (in so far as it is not already in operation) | |
Articles 53 (in so far as it is not already in operation) | |
Article 54 | |
Article 56 (in so far as it is not already in operation) | |
Article 60 | In so far as it relates to the repeals in Schedule 8 specified below |
Paragraphs 4(5), 6, 10(5), 12, 13 and 21(a) of Schedule 1 (in so far as they are not already in operation) | |
In Schedule 7 paragraphs 1 to 3 and 5 | |
Schedule 8 | In so far as it relates to— Chapter I of Part II and Part III of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 20038; and the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 20039. |
(This note is not part of the Order)
(This note is not part of the Order)
Provision | Date of Commencement | S.R. No. |
---|---|---|
Article 6(2) to (5) partially | 14th March 2008 | |
Article 6 partially | 14th April 2008 | |
Article 6(2), (3) and (4) partially | 29th May 2008 | |
Article 6 partially | 13th March 2009 | |
Article 7(2)(b)and (3)(b) partially | 29th May 2008 | |
Article 8 partially | 14th April 2008 | |
Article 8 in so far as not already in operation | 29th May 2008 | |
Article 9(1) and (2) partially | 14th April 2008 | |
Article 9(3) and (4) partially | 29th May 2008 | |
Article 9 | 13th March 2009 | |
Article 10 partially | 14th April 2008 | |
Article 10(12) partially | 29th May 2008 | |
Article 10 partially | 13th March 2009 | |
Article 15(2) partially | 29th May 2008 | |
Article 16(1) and (2) partially | 29th May 2008 | |
Article 17(1) and (5) partially | 29th May 2008 | |
Article 18(1), (2) and (3) partially | 29th May 2008 | |
Article 25 partially | 13th March 2009 | |
Article 26(1) to (4), (5)(a) and (b) and (6) partially | 13th March 2009 | |
Article 27(3) partially | 13th March 2009 | |
Article 28(1)(c) and (d), (8)(a) and (c), (10), (11) and (12)(d) partially | 29th May 2008 | |
Article 29 | 29th May 2008 | |
Article 30(1) partially | 29th May 2008 | |
Article 32(7) and (8) partially | 29th May 2008 | |
Article 33(6) partially | 29th May 2008 | |
Article 34(10) partially | 29th May 2008 | |
Article 35(3) and (4)(b) partially | 29th May 2008 | |
Article 37(1) partially | 29th May 2008 | |
Article 38(1), (2) and (3) partially | 29th May 2008 | |
Article 39 partially | 14th April 2008 | |
Article 39(2) partially | 29th May 2008 | |
Article 39 | 13th March 2009 | |
Article 40 partially | 14th April 2008 | |
Article 40 partially | 13th March 2009 | |
Article 41(1) and (5) partially | 29th May 2008 | |
Article 42 partially | 14th April 2008 | |
Article 42(2) partially | 29th May 2008 | |
Article 42 | 13th March 2009 | |
Article 43(1), (5) and (8) partially | 29th May 2008 | |
Article 43(7) partially | 13th March 2009 | |
Article 44 partially | 14th April 2008 | |
Article 44(2) partially | 29th May 2008 | |
Article 44 | 13th March 2009 | |
Article 45(3) to (5) partially | 14th April 2008 | |
Article 45(7) partially | 29th May 2008 | |
Article 46(6) and (7) partially | 29th May 2008 | |
Article 47(1), (5) and (9) partially | 29th May 2008 | |
Article 47(7) partially | 13th March 2009 | |
Article 48 partially | 14th April 2008 | |
Article 48(1)(a) and (2) partially | 29th May 2008 | |
Article 48 | 13th March 2009 | |
Article 49(6) and (7) partially | 29th May 2008 | |
Article 50(6), (7) and (8) partially | 29th May 2008 | |
Article 51(6), (7) and (8) partially | 29th May 2008 | |
Article 52 partially | 14th April 2008 | |
Article 53 partially | 14th April 2008 | |
Article 55 partially | 14th April 2008 | |
Article 55 | 13th March 2009 | |
Article 56(1) and (2) partially | 29th May 2008 | |
Article 57 partially | 14th April 2008 | |
Article 57 | 13th March 2009 | |
Article 59 partially | 14th March 2008 | |
Article 59 | 14th April 2008 | |
Article 60(1) partially | 29th May 2008 | |
Article 60 partially | 12th October 2009 | |
Schedule 1 | ||
Paragraphs 1(1), 2(1), 7(1), 8(1), 15(1) and (2), 18(3)(b) and (6), and 24(1), (2) and (9) partially | 14th March 2008 | |
Paragraphs 6(1)(b), (2) and (3), 12(1)(b), (2) and (3), 16(5), 19(1)(b) and 21 partially | 29th May 2008 | |
Paragraphs 1 to 3, 4(1) to (4) and (6), 5, 7 to 9, 10(1) to (4) and (6), 11, 14 to 20, 22, 23, 24(3) to (7) and 25 | 13th March 2009 | |
Schedule 2 | ||
Schedule 2 partially | 14th April 2008 | |
Paragraphs 2(1)(f), 6, 7(1)(f) and 9 partially | 29th May 2008 | |
Schedule 2 | 13th March 2009 | |
Schedule 3 | ||
Paragraphs 1(1), 2(1)(a), 3(1)(c) and (2), 4(1)(c) and (2), 5, 6(1)(c) and (2), 7(1)(c) and (2), 8, 9(1)(c) and (2), 10(1)(c) and (2) and 14 partially | 29th May 2008 | |
Schedule 4 | ||
Paragraph 2(1) and 5 partially | 29th May 2008 | |
Schedule 5 | ||
Paragraph 1 and 2 partially | 29th May 2008 | |
Schedule 6 | ||
Paragraphs 2 to 4 partially | 14th March 2008 | |
Schedule 6 | 14th April 2008 | |
Schedule 7 | ||
Paragraph 4 partially | 29th May 2008 | |
Paragraph 3 | 12th October 2009 | |
Schedule 8 partially | 12th October 2009 |
Sch. in operation at made date