Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010

Monitoring: additional fees

19.—(1) After Article 28 (Monitoring) insert—

“Monitoring: power to prescribe additional fees

28A.— (1) An individual subject to monitoring under Article 28 in relation to a regulated activity must pay a prescribed fee if—

(a) no fee was payable by virtue of Article 28(1)(d) when the individual made a monitoring application (within the meaning of Article 28) in respect of the activity, and

(b) there has been a prescribed change of circumstances as a result of which a fee would be payable by virtue of Article 28(1)(d) if a monitoring application were now made in respect of the activity.

(2) The amount of the fee payable by virtue of paragraph (1) must not exceed the amount of fee which would be payable if a monitoring application were made in respect of the activity as mentioned in paragraph (1)(b).

(3) An individual does not cease to be subject to monitoring under Article 28 merely because the individual fails to pay a fee required by this Article (but see Article 32(2A)).”.

(2) In Article 29 (Monitoring fees)—

(a) in paragraph (1) after “28” insert “or in relation to a change of circumstances under Article 28A”;

(b) in paragraph (2)—

(i) after “made” insert “, or change of circumstances occurring,”; and

(ii) for “that Article” substitute “Article 28”;

(c) in paragraph (3) after “made” insert “, or change of circumstances occurring”;

(d) in paragraph (4) after “28” insert “ or 28A”;

(e) in paragraph (5)—

(i) for “power” substitute “powers”; and

(ii) for “is” substitute “are”; and

(f) in paragraph (6) after “28(1)(d)” insert “ or 28A”.