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The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

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This is the original version (as it was originally made).

Inclusion in list on transfer from Pre-Employment Consultancy Service Register

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41.—(1) Paragraphs (2) and (3) apply where—

(a)an individual is included in the Pre-Employment Consultancy Service Register (otherwise than provisionally) immediately before the commencement of Article 35;

(b)he was so included on a reference made to the Department by an organisation; and

(c)any of the conditions mentioned in Article 36(2)(a) to (c), or the condition mentioned in Article 36(3), was fulfilled in relation to that reference.

(2) If it appears from the information submitted with the reference that it may be appropriate for the individual to be included in the list kept by the Department under Article 35, the Department shall—

(a)invite observations from the individual on the information submitted with the reference and, if it thinks fit, on any observations submitted under sub-paragraph (b); and

(b)invite observations from the organisation on any observations on the information submitted with the reference and, if the Department thinks fit, on any other observations under sub-paragraph (a).

(3) The Department shall include the individual in the list kept by it under Article 35 if, after it has considered the information submitted with the reference, any observations submitted to it and any other information which it considers relevant, it is of the opinion—

(a)that the organisation reasonably considered the individual to be guilty of misconduct (whether or not in the course of his employment) which harmed a vulnerable adult or placed a vulnerable adult at risk of harm; and

(b)that the individual is unsuitable to work with vulnerable adults.

(4) Paragraphs (5) and (6) apply where—

(a)a relevant inquiry has been held;

(b)the report of the person who held the inquiry names an individual who is or has been employed in a care position;

(c)it appears to the Department from the report—

(i)that the person who held the inquiry found that the individual was guilty of relevant misconduct; and

(ii)that the individual is unsuitable to work with vulnerable adults; and

(d)the individual is included in the Pre-Employment Consultancy Service Register (otherwise than provisionally) immediately before the commencement of Article 35.

(5) The Department shall—

(a)invite observations from the individual on the report, so far as relating to him, and, if the Department thinks fit, on any observations submitted under sub-paragraph (b); and

(b)invite observations from the relevant employer on any observations on the report and, if the Department thinks fit, on any other observations under sub-paragraph (a).

(6) The Department shall include the individual in the list kept by it under Article 35 if, after it has considered the report, any observations submitted to it and any other information which it considers relevant, it is of the opinion—

(a)that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and

(b)that the individual is unsuitable to work with vulnerable adults.

(7) In this Article—

“relevant employer”, in relation to an individual named in the report of a relevant inquiry, means the person who, at the time mentioned in the definition of “relevant misconduct” below, employed the individual in a care position;

“relevant inquiry” has the same meaning as in Article 39;

“relevant misconduct” means misconduct which harmed a vulnerable adult or placed a vulnerable adult at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a care position.

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