This Statutory Rule has been printed in substitution of the SR of the same number and is being issued free of charge to all known recipients of that Statutory Rule.
Statutory Rules of Northern Ireland
Safeguarding Vulnerable Groups
Made
6th February 2009
The Secretary of State, in exercise of the powers conferred by Article 1(3) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(1), makes the following Order.
1. This Order may be cited as the Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 3) Order (Northern Ireland) 2009.
2. In this Order, “the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
3.—(1) 13th March 2009 is the day appointed for the coming into operation of the following provisions of the Order—
(a)Article 6 (barred lists), for the purposes of the Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009(2);
(b)Article 9 (regulated activity) and Schedule 2;
(c)Article 39 (regulated activity providers: duty to provide information on request etc.) and the provisions specified in paragraph (2), in so far as they relate to that Article;
(d)Article 42 (Education and Library Boards and HSS bodies: duty to provide information on request);
(e)Article 44 (registers: duty to provide information on request) and Article 43(7) (registers: duty to refer), in so far as it relates to that Article;
(f)Article 48 (supervisory authorities: duty to provide information on request) and Article 47(7) (supervisory authorities: duty to refer), in so far as it relates to that Article;
(g)Article 55 (fostering);
(h)Article 57 (damages);
(i)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(3) of Schedule 1 (barred lists) in so far as they are not already in operation.
(2) The provisions are—
(a)Article 10 (regulated activity providers);
(b)Article 25 (controlled activity relating to children);
(c)Article 26(1) to (4), (5)(a) and (b) and (6) (controlled activity relating to adults);
(d)Article 27(3) (controlled activity: regulations);
(e)Article 40 (duty to provide information: offences).
Paul Goggins
Minister of State
Northern Ireland Office
6th February 2009
(This note is not part of the Regulations)
This is the third Commencement Order made under the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the Order”).
Article 3 brings into operation Article 6 of the Order for the purposes of the Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 (“the Transitory Order”), as well as related provisions in Schedule 1 to the Order, which makes provision relating to barring. These provisions relate to the maintenance of a children’s barred list and an adults’ barred list and the process by which a person may be included in, or removed from, either list.
Article 3 also brings Article 9 and Schedule 2 into operation in full, providing the definition of regulated activity for the purposes of the Order, as well as bringing into operation Article 55, which defines, and makes provision relating to, fostering (once Article 7 of the Order is in operation, a person who is included in one of the barred lists will be barred from engaging in the regulated activity to which the list relates; by virtue of paragraph 1(5) of Schedule 2, fostering is regulated activity relating to children).
In addition, Article 3 brings into operation Articles 39, 42, 44 and 48 of the Order, which impose duties on various persons to provide information to the Independent Barring Board (“IBB”) at the IBB’s request (the IBB is established under section 1 of the Safeguarding Vulnerable Groups Act 2006), together with Article 57, which makes provision relating to damages where a person has suffered loss or damage in consequence of an individual being included in a barred list, or of the provision of information in pursuance of duties including those mentioned above.
(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 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 10 partially | 14th April 2008 | |
| Article 10(12) partially | 29th May 2008 | |
| 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 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 40 partially | 14th April 2008 | |
| Article 41(1) and (5) partially | 29th May 2008 | |
| Article 42 partially | 14th April 2008 | |
| Article 42(2) partially | 29th May 2008 | |
| Article 43(1), (5) and (8) partially | 29th May 2008 | |
| Article 44 partially | 14th April 2008 | |
| Article 44(2) partially | 29th May 2008 | |
| 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 48 partially | 14th April 2008 | |
| Article 48(1)(a) and (2) partially | 29th May 2008 | |
| 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 56(1) and (2) partially | 29th May 2008 | |
| Article 57 partially | 14th April 2008 | |
| Article 59 partially | 14th March 2008 | |
| Article 59 | 14th April 2008 | |
| Article 60(1) partially | 29th May 2008 | |
| 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 | |
| Schedule 2 | ||
| Schedule 2 partially | 14th April 2008 | |
| Paragraphs 2(1)(f), 6, 7(1)(f) and 9 partially | 29th May 2008 | |
| 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 |
Paragraphs 24 and 25 were amended by S.R. 2009/21