Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) Order (Northern Ireland) 2009

Persons prohibited from teaching or working with children: The Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 N.I.

7.—(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) determining whether a prohibition in relation to P should be revoked under [F1 regulation 7 or 9] (revocation by the Department of Education) or regulation 11 (revocation on appeal to the Care Tribunal(1) under regulation 10) of the 2007 Regulations and revoking such a prohibition;

(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—

[F2 (a) 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.]

[F3 (b) P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and—

(i) [F4 DBS] 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 [F4 DBS] 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, [F4 DBS] removes P from the children’s barred list;

(e) where P is referred to the [F4 DBS] in accordance with Article 4 of the 2008 Order, [F4 DBS] makes a decision not to include P in the children’s barred list.

[F5 (4A) 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, [F4 DBS] 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.

[F6 (6) 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.]

Textual Amendments

F1 Words in art. 7(2)(c) substituted (7.4.2010) by The Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010 (S.R. 2010/145), arts. 1(2), 8(2)

F2 Art. 7(4)(a) substituted (7.4.2010) by The Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010 (S.R. 2010/145), arts. 1(2), 8(3)

F3 Art. 7(4)(b) substituted (7.4.2010) by The Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010 (S.R. 2010/145), arts. 1(2), 8(4)

F4 Words in art. 7 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)(q) (with Pt. 4)

F5 Art. 7(4A) inserted (7.4.2010) by The Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010 (S.R. 2010/145), arts. 1(2), 8(5)

F6 Art. 7(6) inserted (7.4.2010) by The Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010 (S.R. 2010/145), arts. 1(2), 8(6)

Commencement Information

I1 Art. 7 in operation at made date

(1)

“Care Tribunal” means the Care Tribunal established under Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 [S.I. 2003/431 (N.I. 9)].