PART 3Transitional provisions and savings
Persons prohibited from teaching or working with children: The Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 20077
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 regulation 9 (revocation by the Department of Education) or regulation 11 (revocation on appeal to the Care Tribunal7 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—
a
a prohibition in relation to P is revoked under regulation 9 or 11 of 2007 Regulations;
b
P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and either—
i
IBB is not required under Article 3(2)(b) of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
ii
where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that Article not to remove P from that list;
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, IBB removes P from the children’s barred list;
e
where P is referred to the IBB in accordance with Article 4 of the 2008 Order, IBB makes a decision not to include P in the children’s barred list.
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.