Statutory Rules of Northern Ireland
Safeguarding Vulnerable Groups
Made
22nd July 2019
Coming into operation
19th August 2019
To be laid before Parliament
24th July 2019
The Secretary of State makes the following Order in exercise of the powers conferred by paragraphs 6(2) and (3) and 12(2) and (3) of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(1).
1. This Order may be cited as the Safeguarding Vulnerable Groups (Specified Scottish Authority and Barred Lists) Order (Northern Ireland) 2019 and comes into operation on 19th August 2019.
2. In this Order—
“the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007(2);
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
3. For the purposes of paragraphs 6(2) and 12(2) of Schedule 1 to the 2007 Order, the Scottish Ministers are specified as exercising for the purposes of the law of Scotland functions which correspond to those of DBS(3).
4. For the purposes of—
(a)paragraph 6(3) of Schedule 1 to the 2007 Order, the list maintained under section 1(1)(a) of the 2007 Act (duty of Scottish Ministers to keep the children’s list) is specified as a list corresponding to the children’s barred list;
(b)paragraph 12(3) of Schedule 1 to the 2007 Order, the list maintained under section 1(1)(b) of the 2007 Act (duty of Scottish Ministers to keep the adults’ list) is specified as a list corresponding to the adults’ barred list.
Victoria Atkins
Parliamentary Under-Secretary of State
Home Office
22nd July 2019
(This note is not part of the Order)
Article 7 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) (“the 2007 Order”) provides that a person included in a specified children’s or adults’ list maintained by the Disclosure and Barring Service will be barred under the 2007 Order from regulated activity relating to the relevant group.
Under paragraphs 6 and 12 of Schedule 1 to the 2007 Order, a person must not be included in the relevant barred list in Northern Ireland only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground. This Order specifies a relevant Scottish authority and a corresponding list for the purposes of paragraphs 6 and 12 of Schedule 1 to the 2007 Order.
Article 3 of this Order specifies the Scottish Ministers as a relevant Scottish authority.
Article 4 specifies that the children’s list and the adults’ list maintained by the Scottish Ministers under the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) correspond respectively to the children’s barred list and the adults’ barred list maintained under the 2007 Order.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
S.I. 2007/1351 (N.I. 11). Paragraphs 6 and 12 were amended by S.I. 2012/3006. Paragraphs 6 and 12 are also amended by paragraph 11(2) and (4) of Schedule 7 to the Protection of Freedoms Act 2012 (c. 9) but those amendments are not yet in force.
2007 asp 14, to which there are amendments not relevant to this Order.
DBS means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.