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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

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This is the original version (as it was originally made).

Article 23: exclusions and defences

This section has no associated Explanatory Memorandum

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.

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