Protection of Freedoms Act 2012

Supervisory authorities

13 (1) In Article 47 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (duty of supervisory authorities to refer)—

(a) in paragraph (1)—

(i) for “must” substitute “may”, and

(ii) omit “prescribed”,

(b) in paragraph (4)—

(i) in sub-paragraph (a), for “engaged or may engage” substitute “or has been, or might in future be, engaged”,

(ii) also in sub-paragraph (a), omit “or controlled activity”, and

(iii) in sub-paragraph (b) for “, 2, 7 or 8” substitute “or 7”,

(c) in paragraph (5) omit “prescribed”,

(d) omit paragraph (6), and

(e) in the heading for “duty” substitute “power”.

(2) In Article 49 of that Order (supervisory authorities: power to apply for vetting information)—

(a) in the heading for “vetting” substitute “certain barring”,

(b) in paragraph (1) for “the Secretary of State”, in both places where it occurs, substitute “ISA”,

(c) in paragraph (2) omit sub-paragraphs (b) to (e),

(d) in paragraph (3) omit sub-paragraphs (b) to (e),

(e) omit paragraph (5), and

(f) in paragraph (7) for “prescribe” substitute “determine”.

(3) In Article 50 of that Order (supervisory authorities: notification of barring etc. in respect of children)—

(a) in paragraph (1)—

(i) for “This Article” substitute “Paragraph (2)”,

(ii) in sub-paragraph (a) omit “newly”,

(iii) at the end of sub-paragraph (a) insert “or”,

(iv) in sub-paragraph (b) for “becomes” substitute “is”, and

(v) omit sub-paragraph (c) and the word “or” before it,

(b) in paragraph (2) for “, (b) or (c)” substitute “or (b)”,

(c) after paragraph (2) insert—

“(2A) The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.”,

(d) in paragraph (3)(a) for the words from “if” to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,

(e) in paragraph (5)—

(i) after “withdrawn if” insert “—

(a)”, and

(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,

(f) also in paragraph (5), at the end, insert “, or

(b) the Secretary of State cancels the application on either of the following grounds—

(i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or

(ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).”, and

(g) in paragraph (8) for “prescribe” substitute “determine”.

(4) In Article 51 of that Order (supervisory authorities: notification of barring etc. in respect of vulnerable adults)—

(a) in paragraph (1)—

(i) for “This Article” substitute “Paragraph (2)”,

(ii) in sub-paragraph (a) omit “newly”,

(iii) at the end of sub-paragraph (a) insert “or”,

(iv) in sub-paragraph (b) for “becomes” substitute “is”, and

(v) omit sub-paragraph (c) and the word “or” before it,

(b) in paragraph (2) for “, (b) or (c)” substitute “or (b)”,

(c) after paragraph (2) insert—

“(2A) The duty in paragraph (2) does not apply in relation to an interested supervisory authority if the Secretary of State is satisfied that the authority already has the information concerned.”,

(d) in paragraph (3)(a) for the words from “if” to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,

(e) in paragraph (5)—

(i) after “withdrawn if” insert “—

(a)”, and

(ii) for the words from “if”, where it appears for the second time, to “occurs” substitute “of any circumstance mentioned in paragraph (1)”,

(f) also in paragraph (5), at the end, insert “, or

(b) the Secretary of State cancels the application on either of the following grounds—

(i) that the supervisory authority has not answered, within such reasonable period as was required by the Secretary of State, a request from the Secretary of State as to whether the supervisory authority still wishes to be notified of any circumstance mentioned in paragraph (1) in relation to the person, or

(ii) that the notification is not required in connection with the exercise of a function of the supervisory authority mentioned in Article 47(7).”, and

(g) in paragraph (8) for “prescribe” substitute “determine”.

(5) In Article 52 of that Order (provision of information to supervisory authorities)—

(a) in paragraph (2) for “must” substitute “may (whether on an application by the authority or otherwise)”,

(b) in paragraph (3)—

(i) in sub-paragraph (b), after “the authority” insert “which is mentioned in Article 47(7)”, and

(ii) for the words from “or information” to “occurred” substitute “or of any circumstance mentioned in Article 50(1) or 51(1)”, and

(c) after paragraph (3) insert—

“(4) A supervisory authority may apply to ISA under this Article only if the information is required in connection with the exercise of a function of the supervisory authority which is mentioned in Article 47(7).

(5) The Secretary of State may determine the form, manner and contents of an application for the purposes of this Article.”