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

PART 2 Regulated activity relating to children

Regulated activity: children

3.  Part 1 of Schedule 2 to the 2007 Order (regulated activity relating to children) is amended in accordance with Articles 4 to 6.

4.—(1) Paragraph 1 (general) is amended as follows.

(2) After sub-paragraph (7) insert—

“(7A) The exercise of a function under Article 130 of the Children (Northern Ireland) Order 1995(1), so far as it gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children is a regulated activity relating to children.”.

(3) In sub-paragraph (8) for the words from “relates” to “paragraph 3(1)” substitute “gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children”.

(4) Omit sub-paragraph (9).

(5) Omit sub-paragraph (10).

(6) Omit sub-paragraph (11).

(7) In sub-paragraph (12), for “(8) or (9)” substitute “(7A) or (8)”.

5.  In paragraph 3(1) (establishments)—

(a) omit the words “and (8)”; and

(b) after paragraph (b) insert—

“(bb) premises which are used for the provision of education by an education and library board or on its behalf, which do not fall within paragraph (a) or (b);”.

6.—(1) Paragraph 4 (positions) is amended as follows.

(2) In sub-paragraph (1)—

(a) after paragraph (aa)(2) insert—

“(aaa) an individual who is the proprietor of an independent school;

(aab) an individual who takes part in the governance and management of an independent school;”,

(b) in paragraph (k)(3) omit “wholly or mainly”; and

(c) after paragraph (k) insert—

“(l) member of an authority responsible for the approval of foster parents in accordance with regulations made under Articles 27 and 28 of the Children (Northern Ireland) Order 1995;

(m) member of an adoption panel established in accordance with regulations made under Article 10 of the Adoption (Northern Ireland) Order 1987 (regulation of adoption agencies)(4).”

(3) After sub-paragraph (3) insert—

“(4) In this paragraph—

“independent school” and “proprietor” has the same meaning as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986(5).”.

(1)

S.I. 1995/755 (N.I. 2).

(2)

Paragraph (aa) of paragraph 4(1) of Schedule 2 was inserted by S.R. 2009/304.

(3)

Paragraph (k) inserted by S.R. 2009/304.

(4)

S.I. 1987/2203 (N.I. 22).

(5)

The definition of “independent school” was amended by Article 30(1) of the Education (Northern Ireland) Order 1996 (S.I. 1996/274 (N.I. 1))