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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

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  1. Introductory Text

  2. Title and commencement

    1. 1.Title and commencement

  3. Interpretation

    1. 2.Interpretation

    2. 3.Vulnerable adults

    3. 4.Family and personal relationships

  4. Barring

    1. 5.The Independent Safeguarding Authority

    2. 6.Barred lists

    3. 7.Barred persons

    4. 8.Appeals

  5. Regulated activity

    1. 9.Regulated activity

  6. Regulated activity providers

    1. 10.Regulated activity providers

  7. Restrictions on participating in regulated activity

    1. 11.Barred person not to engage in regulated activity

    2. 12.Person not to engage in regulated activity unless subject to monitoring

    3. 13.Use of barred person for regulated activity

    4. 14.Use of person not subject to monitoring for regulated activity

    5. 15.Regulated activity provider: failure to check

    6. 16.Personnel suppliers: failure to check

    7. 17.Educational establishments: check on members of governing body

    8. 18.Office holders: offences

    9. 19.Articles 17 and 18: checks

  8. Exceptions

    1. 20.Exception to requirement to make monitoring check

    2. 21.HSS employment

  9. Offences: supplementary

    1. 22.Offences: companies, etc.

    2. 23.Offences: other persons

    3. 24.Article 23: exclusions and defences

  10. Controlled activity

    1. 25.Controlled activity relating to children

    2. 26.Controlled activity relating to vulnerable adults

    3. 27.Controlled activity: regulations

  11. Monitoring

    1. 28.Monitoring

    2. 28A.Monitoring: power to prescribe additional fees

    3. 29.Monitoring fees

    4. 30.Ceasing monitoring

    5. 31.Prohibition of requirement to produce certain records

  12. Notices and information

    1. 32.Provision of vetting information

    2. 33.Meaning of relevant information in Article 32

    3. 34.Notification of cessation of monitoring

    4. 35.Cessation of registration

    5. 36.Declarations under Articles 32 and 34

    6. 36A.Notification of proposal to include person in children's barred list

    7. 36B.Notification of proposal to include person in adults' barred list

    8. 36C.Articles 36A and 36B: notification of outcome

    9. 37.Regulated activity providers: duty to refer

    10. 38.Personnel suppliers: duty to refer

    11. 39.Regulated activity providers: duty to provide information on request etc.

    12. 40.Duty to provide information: offences

  13. Education and Library Boards and HSC Bodies

    1. 41.Education and Library Boards and HSC Bodies: duty to refer

    2. 42.Education and Library Boards and HSC bodies: duty to provide information on request

  14. Professional bodies and supervisory authorities

    1. 43.Registers: duty to refer

    2. 44.Registers: duty to provide information on request

    3. 45.Registers: notice of barring and cessation of monitoring

    4. 46.Registers: power to apply for vetting information

    5. 47.Supervisory authorities: duty to refer

    6. 48.Supervisory authorities: duty to provide information on request

    7. 49.Supervisory authorities: power to apply for vetting information

    8. 50.Supervisory authorities: notification of barring, etc in respect of children

    9. 51.Supervisory authorities: notification of barring, etc. in respect of vulnerable adults

    10. 52.Provision of information to supervisory authorities

  15. Provision of information to the police

    1. 52A.Provision of information to the police

  16. Miscellaneous

    1. 53.Crown application

    2. 54.Referrals: findings of fact immaterial

    3. 55.Fostering

    4. 56.Alignment with rest of UK

  17. General

    1. 57.Damages

    2. 58.Orders and regulations

    3. 59.Transitional provision

    4. 60.Amendments and repeals

    5. 61.Supplementary, incidental, consequential etc. provision

  18. Signature

  19. SCHEDULES

    1. SCHEDULE 1

      BARRED LISTS

      1. PART I CHILDREN'S BARRED LIST

        1. Automatic inclusion

          1. 1.(1) This paragraph applies to a person if any of...

        2. Inclusion subject to consideration of representations

          1. 2.(1) This paragraph applies to a person if any of...

        3. Behaviour

          1. 3.(1) This paragraph applies to a person if—

          2. 4.(1) For the purposes of paragraph 3 relevant conduct is—...

        4. Risk of harm

          1. 5.(1) This paragraph applies to a person if—

        5. Restriction on inclusion

          1. 6.(1) ISA must not include a person in the children's...

      2. PART II ADULTS' BARRED LIST

        1. Automatic inclusion

          1. 7.(1) This paragraph applies to a person if any of...

        2. Inclusion subject to consideration of representations

          1. 8.(1) This paragraph applies to a person if any of...

        3. Behaviour

          1. 9.(1) This paragraph applies to a person if—

          2. 10.(1) For the purposes of paragraph 9 relevant conduct is—...

        4. Risk of harm

          1. 11.(1) This paragraph applies to a person if—

        5. Restriction on inclusion

          1. 12.(1) ISA must not include a person in the adults'...

      3. PART III SUPPLEMENTARY

        1. Procedure

          1. 13.(1) ISA must ensure that in respect of any information...

          2. 14.When an individual is included in a barred list ISA...

          3. 15.(1) The Secretary of State may, by regulations, make provision...

        2. Representations

          1. 16.(1) A person who is, by virtue of any provision...

          2. 17.(1) This paragraph applies to a person who is included...

        3. Review

          1. 18.(1) A person who is included in a barred list...

        4. Information

          1. 19.(1) ISA may require— (a) any person who holds records...

          2. 20.(1) The Department of Health, Social Services and Public Safety...

          3. 21.ISA must provide the Secretary of State with the prescribed...

          4. 22.The Secretary of State must inform the Scottish Ministers if...

          5. 23.ISA may— (a) at the request of the Secretary of...

        5. Prescribed criteria

          1. 24.(1) The criteria which may be prescribed for the purposes...

          2. 25.(1) A court by or before which a person is...

    2. SCHEDULE 2

      REGULATED ACTIVITY

      1. PART I REGULATED ACTIVITY RELATING TO CHILDREN

        1. Regulated activity: general

          1. 1.(1) An activity is a regulated activity relating to children...

        2. Activities

          1. 2.(1) The activities referred to in paragraph 1(1) are—

        3. Establishments

          1. 3.(1) The establishments referred to in paragraph 1(2). . ....

        4. Positions

          1. 4.(1) The persons referred to in paragraph 1(7) are—

          2. 5.A person who is part of a group in relation...

        5. Exceptions

          1. 6.The Secretary of State may, by order, provide that in...

      2. PART II REGULATED ACTIVITY RELATING TO VULNERABLE ADULTS

        1. 7.(1) Each of the following is a regulated activity relating...

        2. 8.(1) The persons referred to in paragraph 7(9) are—

        3. 9.The Secretary of State may, by order, provide that in...

      3. PART III THE PERIOD CONDITION

        1. 10.(1) The period condition is satisfied if the person carrying...

    3. SCHEDULE 3

      APPROPRIATE VERIFICATION

      1. PART I DEFAULT POSITION

        1. 1.(1) A regulated activity provider obtains an appropriate verification in...

        2. 2.(1) A regulated activity provider obtains an appropriate verification in...

        3. 3.(1) This paragraph applies if— (a) a regulated activity provider...

        4. 4.(1) This paragraph applies if— (a) a regulated activity provider...

      2. PART II PRESCRIBED VERIFICATION

        1. 5.A regulated activity provider obtains an appropriate verification in accordance...

        2. 6.(1) This paragraph applies if— (a) a regulated activity provider...

        3. 7.(1) This paragraph applies if— (a) a regulated activity provider...

      3. PART III PRESCRIBED VERIFICATION

        1. 8.A regulated activity provider obtains an appropriate verification in accordance...

        2. 9.(1) This paragraph applies if— (a) a regulated activity provider...

        3. 10.(1) This paragraph applies if— (a) a regulated activity provider...

      4. PART IV DEFINITIONS AND POWER TO AMEND

        1. 11.In this Schedule “enhanced criminal record certificate” means—

        2. 12.For the purposes of this Schedule an enhanced criminal record...

        3. 13.For the purposes of this Schedule a regulated activity provider,...

        4. 14.The Secretary of State may by order amend the preceding...

    4. SCHEDULE 4

      EMPLOYMENT BUSINESSES: FAILURE TO CHECK

      1. Offences

        1. 1.(1) A person (P) who carries on an employment business...

        2. 2.(1) In such circumstances as are prescribed, a person (P)...

      2. Defences

        1. 3.(1) P does not commit an offence under paragraph 1...

      3. Modified meaning of regulated activity

        1. 4.For the purposes of this Schedule, Schedule 2 is modified...

      4. Power to amend paragraph 2(1)(c)

        1. 5.The Secretary of State may by order amend paragraph 2(1)(c)...

      5. Offence: acting for P etc

        1. 6.If the commission of an offence under paragraph 1 or...

    5. SCHEDULE 5

      VETTING INFORMATION

      1. 1.This is the table referred to in Articles 32 and...

      2. 2.The Secretary of State may by order amend any of...

      3. 3.(1) In entries 1 and 5 in the table the...

      4. 4.Parental responsibility has the same meaning as in the Children...

      5. 5.A regulated activity provider is an independent regulated activity provider...

      6. 6.An adult placement scheme is a scheme—

    6. SCHEDULE 6

      TRANSITIONAL PROVISIONS

      1. Advice by ISA

        1. 1,.(1) ISA must provide the Department of Health, Social Services...

      2. Existing restrictions relating to children

        1. 2.(1) This paragraph applies to a person who is—

      3. Existing restrictions relating to vulnerable adults

        1. 3.(1) This paragraph applies to a person who is included...

      4. Existing restrictions: supplementary

        1. 4.An order under paragraph 2 or 3 may—

      5. Modifications relating to monitoring

        1. 5.(1) The Secretary of State may by order provide that...

    7. SCHEDULE 7

      AMENDMENTS

      1. The Children (Northern Ireland) Order 1995(NI 2)

        1. 1.(1) In Article 109 (persons disqualified from being private foster...

      2. The Education and Libraries (Northern Ireland) Order 1986 (NI 3)

        1. 2.(1) In Article 70(2)(e) (regulations for prohibiting or restricting employment...

      3. The Police Act 1997 (c. 50)

        1. 3.In section 126 after subsection (2) add—

      4. The Data Protection Act 1998 (c. 29)

        1. 4.(1) In section 56 (prohibition of requirement as to production...

      5. The Health and Personal Social Services Act (Northern Ireland) 2001(c. 3)

        1. 5.In section 5 after subsection (3) add—

    8. SCHEDULE 8

      REPEALS

  20. Explanatory Note

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