Amendment of Article 6 of the 2009 Order (transitional provisions and savings: persons included in the list of persons unsuitable to work with vulnerable adults: Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003)
7.—(1) Article 6 of the 2009 Order is amended in accordance with paragraphs (2) to (5).
(2) At the end of paragraph (4)(a) insert—
“and—
(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;”.
(3) For paragraph (5)(b) substitute—
“(b)P is included in the adults’ barred list pursuant to Article 5(2)(a) of the 2008 Order and
(i)ISA 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 ISA 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;”.
(4) After paragraph (5) insert—
“(5A) 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, ISA 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.”.
(5) After paragraph (6) insert—
“(7) 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.”.