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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

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InterpretationN.I.

This sectionnoteType=Explanatory Memorandum has no associated

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.

(2) 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);

“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);

[F1HSC body” means any of the following within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 2009—

(a)

the Regional Health and Social Care Board;

(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;]

[F2ISA]” must be construed in accordance with Article 5;

institution of further education” has the same meaning as in the Further Education (Northern Ireland) Order 1997 (NI 15) [F3except that it includes a college or institution established under Article 5(1) of the Agriculture Act (Northern Ireland) 1949 (c.2) for the purpose of instructing persons in agriculture and related subjects];

[F4social 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 or controlled activity;

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

[F5RQIA” 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” must be construed in accordance with Article 3.

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

(3) A reference to a person being subject to monitoring in relation to a regulated activity must be construed in accordance with Article 28.

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

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Amendments (Textual)

F2Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F5Art. 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)

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