Office of Public Sector Information
Article 59
1,—(1) IBB must provide the Department of Health, Social Services and Public Safety with such advice as it requests in connection with any decision in relation to the inclusion of a person in a list kept under Article 3 or 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4).
(2) IBB must provide the Department of Education with such advice as it requests in connection with any decision in relation to the inclusion of a person in a list kept for the purposes of Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3).
2.—(1) This paragraph applies to a person who is—
(a) included in the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4) (individuals considered unsuitable to work with children);
(b) disqualified from working with children by virtue of an order of the court under Article 23 or 24 of that Order;
(c) included in the list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3) (prohibition from teaching etc).
(2) The Secretary of State may, by order, make such provision as he thinks appropriate—
(a) requiring IBB to include the person in the children’s barred list;
(b) requiring IBB to consider including the person in the children’s barred list;
(c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made;
(d) modifying the provisions of this Order so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
(e) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 1 in connection with IBB’s consideration of any matter relating to the person.
(3) An order under this paragraph may contain provision—
(a) enabling the General Teaching Council for Northern Ireland to make determinations on an application by a person who has ceased to be subject to a decision under Article 70(2)(e)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3) in relation to his eligibility for registration under Article 35 of the Education (Northern Ireland) Order 1998 (NI 13);
(b) for the Secretary of State to prescribe by regulations the procedure in relation to an application as mentioned in paragraph (a).
3.—(1) This paragraph applies to a person who is included in the list kept under Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 14) (individuals considered unsuitable to work with certain adults).
(2) The Secretary of State may, by order, make such provision as he thinks appropriate—
(a) requiring IBB to include the person in the adults' barred list;
(b) requiring IBB to consider including the person in the adults' barred list;
(c) as to circumstances in which the person may make representations to IBB and the time at which such representations may be made;
(d) modifying the provisions of this Order so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
(e) modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 1 in connection with IBB’s consideration of any matter relating to the person.
4. An order under paragraph 2 or 3 may—
(a) modify any criminal offence created by this Order;
(b) create any new criminal offence,
but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.
5.—(1) The Secretary of State may by order provide that in relation to permission to engage in regulated activity having effect during the transitional period, references in Article 15(1) and (2) to ascertaining whether B is subject to monitoring in relation to an activity have effect as references to ascertaining whether B is barred from that activity.
(2) The transitional period is the period—
(a) beginning with the commencement of Article 6, and
(b) ending with the commencement of Article 28.
Article 60
1.—(1) In Article 109 (persons disqualified from being private foster parents) after paragraph (3) insert—
“(3A) A person shall not foster a child privately if—
(a) he is barred from regulated activity relating to children (within the meaning of Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007); or
(b) he lives in the same household as a person who is barred from such activity.”.
(2) In Article 122 (persons disqualified for registration in respect of child minding and day care), after paragraph (2)(f) insert—
“(fa) he is barred from regulated activity relating to children (within the meaning of Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007);”.
2.—(1) In Article 70(2)(e) (regulations for prohibiting or restricting employment of teachers) for the words from “(i) on medical grounds” to the end substitute “on medical grounds, on grounds of misconduct or on educational grounds”.
(2) In Article 88A(2)(b) (regulations for prohibiting or restricting employment of non-teaching staff) for the words from “(i) on medical grounds” to the end substitute “on medical grounds or on grounds of misconduct”.
3. In section 126 after subsection (2) add—
“(3) In the application of this Part to Northern Ireland a reference to the Safeguarding Vulnerable Groups Act 2006, or to a provision of that Act, shall be construed as a reference to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 or, as the case maybe, to the corresponding provision of that Order.”.
4.—(1) In section 56 (prohibition of requirement as to production of certain records) in the table in subsection (6) after “the Safeguarding Vulnerable Groups Act 2006” (where it twice occurs) insert “or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007”.
(2) In section 75 (commencement etc.) in subsection (4A)—
(a) in paragraph (a) after “the Safeguarding Vulnerable Groups Act 2006” insert “or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007”; and
(b) in paragraph (b) after “that Act” insert “or that Order”.
5. In section 5 after subsection (3) add—
“(4) For the purposes of subsection (1)(a), in considering whether a person is of good character, the Council may have regard to whether he is included in a barred list (within the meaning of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007).”
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007