The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Interpretation N.I.

2.—(1) Subject to Article 22(1), the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

[F1 (2A)]  In this Order—

“the 1972 Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);

“the 2003 Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9);

[F2 “adult” means a person who has attained the age of 18; ]

“the adults' barred list” must be construed in accordance with Article 6(1)(b);

“barred list” means the children's barred list or the adults' barred list;

“child” means a person who has not attained the age of 18;

“the Children Order” means the Children (Northern Ireland) Order 1995 (NI 2);

“the children's barred list” must be construed in accordance with Article 6(1)(a);

“employment agency” and “employment business” must be construed in accordance with Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20);

[F3 “HSC body” means any of the following [F4 (see the Health and Social Care (Reform) Act (Northern Ireland) 2009 for the bodies mentioned in paragraphs (b) to (e))] —

(a)

[F5 the Department of Health;]

(b)

the Regional Agency for Public Health and Social Well-being;

(c)

a HSC trust;

(d)

a special agency;

(e)

the Patient and Client Council;]

“ [F6 DBS] ” must be construed in accordance with Article 5;

F7 ...

“ [F8 social care]” has the same meaning as in the 1972 Order;

“personnel supplier” means—

(a)

a person carrying on an employment agency or an employment business, or

(b)

an educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated F9 ... activity;

“prescribed” means prescribed by regulations made by the Secretary of State;

[F10 “RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;]

“statutory provision” must be construed in accordance with section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c,33);

“supervisory authority” must be construed in accordance with Article 47(7);

“vulnerable adult” [F11 means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is provided] .

(2) A reference (however expressed) to a person being barred must be construed in accordance with Article 7.

F12 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this Order affects any power to provide information which exists apart from this Order.

Textual Amendments

F1 Art. 2(2A): art. 2(2) renumbered as art. 2(2A) (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(3); S.I. 2012/2234, art. 2(aa)(v)

F2 Words in art. 2(2) inserted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 2(1)(a); S.I. 2012/2234, art. 2(z)(i)

F3 Art. 2(2): definition of "HSC body" substituted (12.10.2009) by Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 (S.R. 2009/305), art. 7(2)

F4 Words in art. 2 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 214(2); S.R. 2022/102, art. 2(b)

F5 Words in art. 2 substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 214(3); S.R. 2022/102, art. 2(b)

F6 Word in art. 2 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(a) (with Pt. 4)

F7 Words in art. 2(2) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(2)(a), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F8 Words in Order substituted (1.4.2009) by Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(a) (with Sch. 6 para. 1(2)(3)); S.R. 2009/114, art. 2

F9 Words in art. 2(2) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(2)(b), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)

F10 Art. 2(2): definition of "RQIA" substituted (1.4.2010) for definition of "the Regulation and Improvement Authority" by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 15(1)

F11 Words in art. 2(2) substituted (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 7 para. 2(1)(b); S.I. 2012/2234, art. 2(z)(i)

F12 Art. 2(3) repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 76(4), Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v)(bb)