Office of Public Sector Information
12.—(1) An individual commits an offence if—
(a) he engages in regulated activity with the permission of a regulated activity provider, and
(b) he is not subject to monitoring in relation to that activity.
(2) An individual commits an offence if—
(a) he engages in an activity which is a regulated activity by virtue of paragraph 1(3) of Schedule 2, and
(b) he is not subject to monitoring in relation to regulated activity relating to children.
(3) An individual commits an offence if—
(a) he acts as a member of the governing body of an educational establishment mentioned in paragraph (5), and
(b) he is not subject to monitoring in relation to regulated activity relating to children.
(4) A person guilty of an offence under paragraph (1), (2) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) The establishments are—
(a) an educational institution which is exclusively or mainly for the provision of full-time education to children;
(b) a nursery school within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (NI 3).
(6) A person does not commit an offence under paragraph (1) or (2) if he has not attained the age of 16.
(7) A person does not commit an offence under paragraph (1) if, in relation to any continuous period for which he is permitted to engage in the activity—
(a) the permission is first given before the commencement of this Article, and
(b) it continues to have effect after such commencement.
(8) Where paragraph (7) applies to a person who is engaged in regulated activity which is relevant HSS employment for the purposes of Article 21(1)(d), he does not commit an offence under paragraph (1) if he also engages in any other such regulated activity as mentioned in Article 21.
(9) Paragraph (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(10) A person does not commit an offence under paragraph (1) if the regulated activity—
(a) is regulated activity relating to vulnerable adults, and
(b) falls within Article 20.
(11) A person does not commit an offence under paragraph (3) if, in relation to any continuous period for which he acts as a governor—
(a) his appointment as a governor first took effect before the commencement of this Article, and
(b) it continues to have effect after such commencement.
(12) Paragraph (11) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
(13) It is a defence for a person charged with an offence under paragraph (1), (2) or (3) to prove that he did not know, and could not reasonably be expected to know, that he was not subject to monitoring in relation to the activity.
(14) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this Article in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 2 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
13.—(1) A person commits an offence if—
(a) he permits an individual (B) to engage in regulated activity from which B is barred,
(b) he knows or has reason to believe that B is barred from that activity; and
(c) B engages in that activity.
(2) A personnel supplier commits an offence if—
(a) he supplies an individual (B) to another (P),
(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
(c) he knows or has reason to believe that B is barred from that activity.
(3) A person guilty of an offence under this Article is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
(4) It is a defence for a person charged with an offence under this Article to prove—
(a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
(c) that the barred person engaged in the activity for no longer than was necessary for that purpose.
(5) For the purposes of this Article, Schedule 2 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 7(4), paragraph (a) must be disregarded.
14.—(1) A regulated activity provider commits an offence if—
(a) he permits an individual (B) to engage in regulated activity in relation to which B is not subject to monitoring,
(b) he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and
(c) B engages in that activity.
(2) A personnel supplier commits an offence if—
(a) he supplies an individual (B) to another (P),
(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and
(c) he knows or has reason to believe that B is not subject to monitoring in relation that activity.
(3) For the purposes of paragraph (2)(b), Schedule 2 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 7(4), paragraph (a) must be disregarded.
(4) A person guilty of an offence under paragraph (1) or (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) A person does not commit an offence under paragraph (1) or (2) if he has not attained the age of 16.
(6) A person does not commit an offence under paragraph (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
(a) the permission is first given before the commencement of this Article, and
(b) it continues to have effect after such commencement.
(7) A person does not commit an offence under paragraph (1) if—
(a) he falls within Article 21,
(b) the permission mentioned in paragraph (1) commences at a time when B is engaged in relevant HSS employment mentioned in Article 21(1)(b) in circumstances mentioned in paragraph (6), and
(c) for the duration of the permission mentioned in paragraph (1), B continues to be engaged in that relevant HSS employment.
(8) Paragraph (6) or (7) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(9) A person does not commit an offence under paragraph (1) or (2) if the regulated activity—
(a) is regulated activity relating to vulnerable adults, and
(b) falls within Article 20.
(10) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this Article in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 2 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
(11) A person is not guilty of an offence by virtue of paragraph (2) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of this Article.
(12) Paragraph (11) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
15.—(1) A regulated activity provider commits an offence if—
(a) he permits an individual (B) to engage in regulated activity,
(b) B engages in the activity, and
(c) he fails to ascertain whether B is subject to monitoring in relation to the activity.
(2) A regulated activity provider ascertains whether B is subject to monitoring only if—
(a) he obtains an appropriate verification in accordance with Part I of Schedule 3 and neither of Parts II and III of that Schedule is prescribed in relation to him,
(b) he obtains an appropriate verification in accordance with Part II of that Schedule and that Part is prescribed in relation to him, or
(c) he obtains an appropriate verification in accordance with Part III of that Schedule and that Part is prescribed in relation to him.
(3) A person does not commit an offence under paragraph (1) if the regulated activity—
(a) is regulated activity relating to vulnerable adults, and
(b) falls within Article 20.
(4) A person does not commit an offence under paragraph (1) if he falls within Article 21.
(5) A person does not commit an offence under paragraph (1) if B has not attained the age of 16.
(6) A person does not commit an offence under paragraph (1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
(a) the permission is first given before the commencement of this section, and
(b) it continues to have effect after such commencement.
(7) Paragraph (6) does not apply in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(8) A person commits an offence if—
(a) he provides written confirmation under Schedule 3 that is false in any material respect, and
(b) he either knows that it is false or is reckless as to whether it is false.
(9) A person guilty of an offence under paragraph (1) or (8) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(10) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under this Article in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 2 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
16.—(1) Schedule 4 (employment businesses: failure to check) has effect.
(2) The Secretary of State may by order make provision (including provision amending this Order) corresponding to Schedule 4 in relation to the supply of persons by a personnel supplier otherwise than in the course of carrying on an employment business.
17.—(1) The appropriate officer (P) commits an offence if he fails in the prescribed period to make a check in accordance with Article 19 relating to any person (B) who is appointed to the governing body of an educational establishment mentioned in Article 12(5).
(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A person does not commit an offence under paragraph (1) if, in relation to any continuous period for which B is a member of the governing body of the establishment—
(a) the appointment first took effect before the commencement of this Article, and
(b) it continues to have effect after such commencement.
(4) Paragraph (3) does not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
(5) An appropriate officer is such person as is prescribed.
18.—(1) The Secretary of State may by regulations provide that a person commits an offence if—
(a) he engages in activity that is regulated activity by virtue of paragraph 1(7) or 7(9) of Schedule 2, and
(b) he is not subject to monitoring in relation to the activity.
(2) The Secretary of State may by regulations provide that a prescribed person (P) commits an offence if he fails in the prescribed period to make a check in accordance with Article 19 in relation to another person (B) appointed to a position mentioned in paragraph 4(1) or 8(1) of Schedule 2.
(3) Regulations under paragraph (1) or (2) may provide for defences to the offence.
(4) An offence created by regulations under this Article is punishable on summary conviction with a maximum fine not exceeding level 5 on the standard scale.
19.—(1) This Article has effect for the purposes of Articles 17 and 18.
(2) P makes a check in accordance with this Article if—
(a) he obtains relevant information relating to B in pursuance of an application under Article 32, or
(b) he obtains a copy of an enhanced criminal record certificate relating to B issued in relation to P.
(3) P makes a check in accordance with this Article if—
(a) an enhanced criminal record certificate relating to B is issued during the prescribed period,
(b) the application for the certificate is countersigned on behalf of P by a registered person (within the meaning of Part 5 of the Police Act 1997 (c. 50)), and
(c) P obtains from the registered person the information mentioned in paragraph (4) derived from the certificate.
(4) The information is—
(a) whether B is subject to monitoring, and
(b) whether IBB is considering whether to include B in a barred list in pursuance of paragraph 3 or 5 or (as the case may be) 9 or 11 of Schedule 1.
(5) In paragraph (2)(a) “relevant information” means—
(a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 2, relevant information relating to children (within the meaning of Article 33);
(b) in relation to a person appointed to a position mentioned in paragraph 8(1) of Schedule 2, relevant information relating to vulnerable adults (within the meaning of Article 33).
(6) For the purposes of paragraph (2)(b) an enhanced criminal record certificate is issued in relation to P only if—
(a) he countersigned the application for the certificate as a registered person for the purposes of Part 5 of the Police Act 1997, or
(b) the application was countersigned on his behalf by such a person.
(7) In this Article “enhanced criminal record certificate” means—
(a) in relation to a person appointed to a position mentioned in paragraph 4(1) of Schedule 2, an enhanced criminal record certificate issued under the Police Act 1997 containing suitability information relating to children (within the meaning of section 113BA of that Act);
(b) in relation to a person appointed to a position mentioned in paragraph 8(1) of Schedule 2, an enhanced criminal record certificate issued under that Act containing suitability information relating to vulnerable adults (within the meaning of section 113BB of that Act).
20.—(1) Regulated activity falls within this Article if it is carried out for the purposes of or in connection with any of the following—
(a) an establishment for the detention of persons in lawful custody (within the meaning of Article 3(7));
(b) a recreational, social, sporting or educational activity provided wholly or mainly for vulnerable adults;
(c) a course of education or instruction which is provided wholly or mainly for vulnerable adults and is of a prescribed description;
(d) the provision of services, by or on behalf of a person who provides or manages housing, to vulnerable adults in connection with that housing;
(e) welfare services of a prescribed description;
(f) dealing with payments by a person appointed to receive them as mentioned in Article 3(10)(c).
(2) Activity does not fall within this Article if the individual engaging in the activity is a prison officer acting in the course of his duty.
(3) In paragraph (2) “prison officer” includes a prisoner custody officer within the meaning of section 122 of the Criminal Justice and Public Order Act 1994 (c. 33).
(4) Activity does not fall within this Article by virtue of paragraph (1)(b) if—
(a) the activity is carried out by or for an HSS body
(b) the activity is carried out by or in an establishment in relation to which a requirement to register arises under Article 12 of the 2003 Order;
(c) the activity is carried out by an agency in relation to which such a requirement arises.
(5) In this Article “welfare services”—
(a) includes services which provide support, assistance, advice or counselling to individuals with particular needs;
(b) does not include personal social services provided by an HSS body.
(6) Sub-paragraphs (b), (c), (d) and (e) of paragraph (1) cease to have effect on the relevant day.
(7) The relevant day is—
(a) the last day of the period of three years starting on the day any provision of this Article is brought into force, or
(b) such later day as the Secretary of State specifies by order.
(8) A date specified under paragraph (7)(b) must be not more than three years after—
(a) the relevant day as mentioned in paragraph (7)(a), or
(b) the last day specified in respect of the sub-paragraph concerned under paragraph (7)(b).
(9) The Secretary of State may by order amend or omit any sub-paragraph of paragraph (1).
21.—(1) A regulated activity provider falls within this Article if—
(a) he permits a person (E) to engage in regulated activity,
(b) immediately before the permission takes effect E is engaged in relevant HSS employment,
(c) for the duration of the permission E continues to be engaged in that relevant HSS employment, and
(d) the regulated activity is also relevant HSS employment.
(2) Relevant HSS employment is employment—
(a) with an HSS body; or
(b) with a person who provides health care for an HSS body (wherever the health care is provided),
in which the employee engages in regulated activity.
22.—(1) For the purposes of an offence under Article 13, 14, 15, 27, 31 or 40 or Schedule 4, section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(2) If an offence under Article 13, 14, 15, 27, 31 or 40 or Schedule 4 is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—
(a) a partner, or
(b) a person purporting to act as a partner,
he (as well as the partnership) commits the offence.
23.—(1) A person commits an offence if, in the course of acting or appearing to act on behalf of a regulated activity provider—
(a) he permits an individual (B) to engage in a regulated activity in relation to which B is not subject to monitoring,
(b) he knows or has reason to believe that B is not subject to monitoring in relation to that activity, and
(c) B engages in the activity.
(2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—
(a) he supplies an individual (B) to another (P),
(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and
(c) he knows or has reason to believe that B is barred from the activity.
(3) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—
(a) he supplies an individual (B) to another (P),
(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity in relation to which B is not subject to monitoring, and
(c) he knows or has reason to believe that B is not subject to monitoring in relation to the activity.
(4) A person guilty of an offence under paragraph (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) A person guilty of an offence under paragraph (2) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;
(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.
(6) If the commission of an offence under Article 15 is due to the act or reckless default of a person who acts for or appears to act for the regulated activity provider—
(a) that person is guilty of the offence, and
(b) he may be proceeded against and punished whether or not proceedings are also taken against the regulated activity provider.
(7) In the application of paragraph (6) to a person who is in Crown employment (within the meaning of the Employment Rights (Northern Ireland) Order 1996 (NI 16)), Article 53(2) must be ignored.
(8) For the purpose of paragraphs (2)(b) and (3)(b), Schedule 2 is modified as follows—
(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;
(b) in paragraph 7(1), the words “if it is carried out frequently by the same person or the period condition is satisfied” must be disregarded;
(c) in paragraph 7(4), paragraph (a) must be disregarded.
(9) In determining what is the appropriate sentence to pass in respect of a person who is convicted of an offence under paragraph (1) in a case where the regulated activity falls within paragraph 1(1) or (2) or 7(1) or (4) of Schedule 2 the court must consider the extent to which the offender had regard to any guidance issued by the Secretary of State as to the circumstances in which an activity is carried out frequently.
24.—(1) A person does not commit an offence under Article 23 if B has not attained the age of 16.
(2) A person does not commit an offence under Article 23 if the regulated activity—
(a) is regulated activity relating to adults, and
(b) falls within Article 20.
(3) A person does not commit an offence under Article 23(1) if, in relation to any continuous period for which B is permitted to engage in the regulated activity—
(a) the permission is first given before the commencement of that Article, and
(b) it continues to have effect after such commencement.
(4) Paragraph (3) does not have effect in respect of permission which continues to have effect after such date as the Secretary of State specifies by order.
(5) A person does not commit an offence under paragraph (1) of Article 23 if—
(a) the regulated activity provider for whom he acts or appears to act falls within Article 21,
(b) the permission mentioned in paragraph (1) of Article 23 commences at a time when B is engaged in relevant HSS employment mentioned in Article 21(1)(b) in circumstances mentioned in paragraph (3) above, and
(c) for the duration of the permission mentioned in paragraph (1) of Article 23, B continues to be engaged in that relevant HSS employment.
(6) A person is not guilty of an offence under Article 23(3) in relation to any period during which B is continuously supplied to another if the period begins before the commencement of that Article.
(7) Paragraph (6) does not have effect in respect of a supply which continues to have effect after such date as the Secretary of State specifies by order.
25.—(1) A reference to a controlled activity relating to children must be construed in accordance with this Article.
(2) An activity which falls within any of paragraphs (3) to (7) is a controlled activity to the extent that it is not a regulated activity relating to children.
(3) An activity falls within this paragraph if—
(a) it consists in or is carried out in connection with any form of health care, treatment or therapy to which paragraph (8) applies,
(b) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
(c) it gives the person an opportunity mentioned in paragraph (9).
(4) An activity falls within this paragraph if—
(a) it is carried out in an institution of further education,
(b) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days,
(c) it is carried out by the person while engaging in any form of work (whether or not for gain),
(d) it is carried out for or in connection with the purposes of the institution, and
(e) it gives the person the opportunity mentioned in paragraph (9)(a).
(5) An activity falls within this paragraph if—
(a) it consists in making payments under Article 18C of the Children Order or the provision of assistance either in connection with the making of such payments or securing the provision of services paid for out of them,
(b) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
(c) it gives the person the opportunity mentioned in paragraph (9)(a).
(6) An activity falls within this paragraph if it is carried out as mentioned in paragraph (10) frequently and it gives a person carrying out the activity the opportunity to have access to—
(a) health, educational or personal social services records relating to children;
(b) information provided pursuant to Article 24 of the Education (Northern Ireland) Order 2006 (NI 11);
(c) in the case of a person carrying out an activity mentioned in paragraph (10)(a), records of family proceedings (within the meaning of Article 8(3) of the Children Order) held by an HSS body.
(7) An activity falls within this paragraph if it consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity which falls within paragraph (3), (4) or (6).
(8) This paragraph applies to health care, treatment or therapy which is provided for a child—
(a) in pursuance of arrangements made by or under a statutory provision,
(b) in an establishment in relation to which a requirement to register arises under Article 12 of the 2003 Order, or
(c) by an agency in relation to which such a requirement arises.
(9) The opportunities are—
(a) opportunity to have any form of contact with children;
(b) opportunity to have access to the health records of children.
(10) The activity is carried out—
(a) for, or on behalf of, an education and library board;
(b) for, or on behalf of, an HSS body in the exercise of its functions relating to personal social services;
(c) for, or on behalf of, the Council for the Curriculum, Examinations and Assessments;
(d) for, or on behalf of, inspectors appointed under Article 102 of the Education and Libraries (Northern Ireland) Order 1986;
(e) for, or on behalf of, an establishment or agency in respect of which a requirement to register arises under Article 12 of the 2003 Order.
(11) In this Article “personal social services records” means records obtained or held by an HSS body in the exercise of its functions relating to personal social services.
(12) The Secretary of State may, by order, amend paragraphs (2) to (11) (including by adding new paragraphs or omitting or varying any of the paragraphs or anything contained in them).
26.—(1) A reference to a controlled activity relating to vulnerable adults must be construed in accordance with this Article.
(2) An activity which is ancillary to or is carried out wholly or mainly in relation to an activity which falls within paragraph (4) is a controlled activity to the extent that it is not a regulated activity relating to vulnerable adults if—
(a) it is carried out frequently by the same person or it is carried out by the same person on more than two days in any period of 30 days, and
(b) it gives the person an opportunity mentioned in paragraph (5).
(3) An activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in paragraph (2) is also a controlled activity relating to vulnerable adults.
(4) Each of the following falls within this paragraph—
(a) the provision of primary care services;
(b) the provision of hospital services;
(c) the provision of domiciliary care;
(d) the making of arrangements in connection with an adult placement scheme;
(e) the provision of personal social services;
(f) the making of payments under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6);
(g) such other activity as is prescribed.
(5) The opportunities are—
(a) opportunity to have any form of contact with a vulnerable adult;
(b) opportunity to have access to the health records or personal social services records (within the meaning of Article 25(11)) of a vulnerable adult;
(c) opportunity to have access to such other information as may be prescribed relating to a vulnerable adult.
(6) In this Article—
“adult placement scheme” means a scheme—
under which an individual agrees with the person carrying on the scheme to provide care or support (which may include accommodation) to an adult who is in need of it, and
in respect of which a requirement to register arises under Article 12 of the 2003 Order;
“domiciliary care” must be construed in accordance with Article 3(4) and (5);
“hospital services” means in-patient or out-patient services provided by—
an HSS body;
an independent hospital (within the meaning of Article 2 of the 2003 Order);
an independent clinic (within the meaning of that Article);
an independent medical agency (within the meaning of that Article);
“primary care services” means any of the following—
primary medical services or primary dental services provided under the 1972 Order;
general ophthalmic services provided in accordance with Article 62 of that Order;
pharmaceutical services provided in pursuance of arrangements made under Article 63 of that Order ;
a service which corresponds to a service mentioned in any of sub-paragraphs (a) to (c) but which is provided otherwise than by virtue of arrangements made pursuant to a statutory provision mentioned in that sub-paragraph.
27.—(1) The Secretary of State may, by regulations, make provision as to—
(a) the persons who are permitted to engage in controlled activity;
(b) the steps which must be taken by a responsible person in connection with permitting another to engage in controlled activity;
(c) circumstances in which a responsible person must not permit another to engage in controlled activity.
(2) The regulations may—
(a) include provision for a responsible person who contravenes any provision of the regulations to be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale;
(b) in relation to such an offence, make provision corresponding to Articles 22, 23 and 24.
(3) A person is a responsible person if—
(a) he is responsible for the management or control of a controlled activity, and
(b) if the controlled activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes.
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007