Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009

Modification to section 113BB of the Police Act 1997

13.—(1) Section 113BB of the Police Act 1997 has effect subject to the following modification.

(2) For subsection (2) substitute—

“(2) Suitability information relating to vulnerable adults is—

(a) whether the applicant is included in the list kept under Article 35 of the 2003 Order;

(b) whether the applicant is included in the list kept under section 81 of the 2000 Act;

(b) whether the applicant is barred from regulated activity relating to vulnerable adults;

(c) if the applicant is barred from such regulated activity, such details as are prescribed of the circumstances in which he became barred;

(d) whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults;

(e) whether the Independent Barring Board is considering whether to include the applicant in the adults’ barred list in pursuance of paragraph 9 or 11 of Schedule 1 to the 2007 Order.

(2A) If the applicant is included in the list kept under—

(a) Article 35 of the 2003 Order, the suitability information includes whether the inclusion is provisional and—

(i) if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with Article 46 of that Order;

(ii) if it is not provisional, the fact that the applicant is prohibited from working in a care position.

(b) section 81 of the 2000 Act, the suitability information includes whether the inclusion is provisional and—

(i) if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position;

(ii) if it is not provisional, the fact that the applicant is prohibited from working in a care position.

(2B) In subsections (2A)(a)(i) and (2A)(a)(ii), “care position” has the same meaning as in Article 48 of the 2003 Order.

(2C) In subsections (2A)(b)(i) and (2A)(b)(ii), “care position” has the same meaning as in Part 7 of the 2000 Act.”.