- Latest available (Revised)
- Point in Time (01/04/2010)
- Original (As made)
Point in time view as at 01/04/2010.
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Section 28 is up to date with all changes known to be in force on or before 18 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
28.—(1) An individual is subject to monitoring in relation to regulated activity if—
(a)he is not barred from engaging in the activity,
(b)he makes[F1 an application to the Secretary of State under this Article (“a monitoring application”)],
(c)he satisfies the prescribed requirements, and
(d)he pays such fee (if any) as is prescribed.
(2) A monitoring application must specify whether it is in respect of—
(a)regulated activity relating to children, or
(b)regulated activity relating to vulnerable adults.
(3) On a monitoring application being made the Secretary of State must—
(a)make such enquiries as he thinks appropriate to ascertain whether any relevant information exists in relation to the individual;
(b)request the person who holds such information to provide it to the Secretary of State.
(4) The Secretary of State must—
(a)provide the individual with any disclosable information that he has, or
(b)notify the individual that he has no disclosable information.
(5) Disclosable information is information provided to the Secretary of State under paragraph (3)(b) in relation to the individual, but does not include information to which paragraph (9) applies.
(6) Paragraph (4) does not apply if the individual made an application for an enhanced criminal record certificate (under section 113B of the Police Act 1997 (c. 50)) simultaneously with his monitoring application.
(7) The Secretary of State must also ensure that—
(a)at such intervals as he thinks appropriate such enquiries are made as he thinks appropriate to ascertain whether any new relevant information exists in relation to the individual;
(b)the person who holds such new relevant information is requested to provide it to him.
(8) Relevant information is—
(a)the prescribed details of relevant matter (within the meaning of F2. . . section 113A of the Police Act 1997);
(b)information which the chief officer of a relevant police force thinks might be relevant in relation to the regulated activity concerned;
(c)such other information as may be prescribed.
(9) This paragraph applies to information mentioned in paragraph (8)(b) which the chief officer of a relevant police force thinks it would not be in the interests of the prevention or detection of crime to disclose to an individual subject to monitoring.
[F3(10) The Secretary of State may determine the form, manner and contents of a monitoring application.]
(11) The prescribed requirements may include requirements as to the manner in which the applicant must prove his identity (identification requirements); and if such requirements include a requirement that the applicant has his fingerprints taken at such place and in such manner as may be prescribed, the regulations may make provision requiring their destruction in specified circumstances and by specified persons.
(12) For the purpose of verifying evidence of identity supplied in pursuance of the identification requirements the Secretary of State may obtain such information as he thinks is appropriate from data held—
(a)by the Identity and Passport Service;
(b)by the Driver and Vehicle Agency in Northern Ireland or the Driver and Vehicle Licensing Agency;
(c)by the Department for Social Development or the Secretary of State in connection with keeping records of national insurance numbers;
(d)by such other persons or for such purposes as is prescribed.
(13) Relevant information is new if it was not discovered when any earlier inquiries under this Article were carried out.
(14) References to a relevant police force must be construed in accordance with section 113B of the Police Act 1997 as if an application under this Article were an application under that section.
Textual Amendments
F1Words in art. 28(1)(b) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 18(a)
F2Word in art. 28(8)(a) deleted (1.4.2010) by virtue of Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 18(b)
F3Art. 28(10) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 18(c)
Commencement Information
I1Art. 28 partly in operation; art. 28 not in operation at date of making see art. 1(3); art. 28(1)(c)(d)(8)(a)(c)(10)(11)(12)(d) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(d)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: