Policing and Crime Act 2009

Safeguarding vulnerable groups: Northern Ireland

90 Notification of proposal to include person in barred list: Northern Ireland

(1) The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) is amended as follows.

(2) After Article 36 insert—

“36A Notification of proposal to include person in children’s barred list

(1) If ISA proposes to include a person (B) in the children’s barred list in the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 1, it—

(a) must notify any person who is registered in relation to B under Article 34 in relation to regulated activity relating to children, and

(b) may notify any other person who it is satisfied falls within paragraph (2).

(2) The following fall within this paragraph—

(a) any person who is permitting B to engage in regulated activity relating to children,

(b) any responsible person (within the meaning of Article 27) who is permitting B to engage in controlled activity relating to children.

(3) A notification under this Article must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under paragraph (1)(a) is satisfied if notification is sent to any address recorded against that person’s name in the register.

36B Notification of proposal to include person in adults’ barred list

(1) If ISA proposes to include a person (B) in the adults’ barred list in the circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 1, it—

(a) must notify any person who is registered in relation to B under Article 34 in relation to regulated activity relating to vulnerable adults, and

(b) may notify any other person who it is satisfied falls within paragraph (2).

(2) The following fall within this paragraph—

(a) any person who is permitting B to engage in regulated activity relating to vulnerable adults,

(b) any responsible person (within the meaning of Article 27) who is permitting B to engage in controlled activity relating to vulnerable adults.

(3) A notification under this Article must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under paragraph (1)(a) is satisfied if notification is sent to any address recorded against that person’s name in the register.

36C Articles 36A and 36B: notification of outcome

(1) Paragraph (2) applies if ISA—

(a) has notified a person (A) under Article 36A or 36B that it proposes to include another (B) in a barred list, and

(b) includes B in the barred list or decides not to do so.

(2) ISA must notify A that it has included B in the barred list or that it has decided not to do so (as the case may be).

(3) In a case where A is registered in relation to B under Article 34 (or has ceased to be so registered by virtue of B’s inclusion in the barred list), the requirement in paragraph (2) is satisfied if notification is sent to any address recorded (or, as the case may be, formerly recorded) against A’s name in the register.”

(3) In Article 33 (vetting information)—

(a) in paragraphs (2) and (3), omit sub-paragraph (b) and the “, and” immediately before it, and

(b) omit paragraphs (4) and (5).

91 Provision of safeguarding information to the police: Northern Ireland

After Article 52 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)) insert—

“Provision of information to the police

52A Provision of information to the police

(1) ISA may provide any information it has to the chief constable of the Police Service of Northern Ireland for use for any of the following purposes—

(a) the prevention, detection and investigation of crime;

(b) the apprehension and prosecution of offenders.

(2) The power conferred by paragraph (1) does not limit any other power of ISA to provide information for any purpose or to any person.”

92 Barring process: Northern Ireland

(1) Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (barred lists) is amended as follows.

(2) In paragraph 1 (automatic inclusion in children’s barred list) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.”

(3) In paragraph 2 (inclusion in children’s barred list subject to consideration of representations) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must—

(a) include the person in the children’s barred list, and

(b) give the person an opportunity to make representations as to why the person should be removed from the children’s barred list.”

(4) In paragraph 7 (automatic inclusion in adults’ barred list) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.”

(5) In paragraph 8 (inclusion in adults’ barred list subject to consideration of representations) for sub-paragraphs (2) and (3) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph might apply to a person, the Secretary of State must refer the matter to ISA.

(3) If ISA is satisfied that this paragraph applies to the person, it must—

(a) include the person in the adults’ barred list, and

(b) give the person an opportunity to make representations as to why the person should be removed from the adults’ barred list.”

(6) In paragraph 24(8) (Secretary of State to examine records of convictions or cautions from time to time) for “whether the criteria apply to an individual” substitute “whether there is reason to believe that the criteria might apply to an individual”.