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

Registers

22.  In Article 43 (Registers: duty to refer)—

(a) after paragraph (4) insert the following—

“(4A) Paragraph (4B) applies where the keeper of a relevant register appearing in any of the entries in column 1 of the table in paragraph (7) thinks that the harm test is satisfied.

(4B) Where this paragraph applies, the second condition is to be taken as satisfied if—

(a) a relevant registration decision has effect in relation to the person and the reason, or one of the reasons, for the relevant registration decision is also the reason, or one of the reasons, for the keeper thinking the harm test is satisfied,

(b) the person is under investigation by the body of which the keeper is the registrar in relation to an offence and matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or

(c) the body of which the keeper is the registrar holds information about the person which the keeper thinks is likely, in due course—

(i) to lead to the making of a relevant registration decision for a reason which is the same as the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or

(ii) to lead to an investigation in relation to an offence in which matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied.

(4C) For the purposes of paragraph (4B), a relevant registration decision is a decision, however expressed—

(a) to refuse to register a person in a relevant register,

(b) to remove a person from a relevant register,

(c) to suspend a person’s registration in a relevant register (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),

(d) to make a person’s registration in a relevant register conditional on the person’s compliance with specified requirements (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),

(e) to annotate a person’s entry in a relevant register with a record of a formal caution or warning, or

(f) to agree with a person’s undertakings in respect of that person’s future conduct, if those undertakings are recorded in the relevant register.”; and

(b) in the table in paragraph (7) in entry 3, in column 1 (relevant register) for “Either of” substitute “Any of”.