The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Registers: duty to refer N.I.

43.—(1) A keeper of a relevant register must provide [F1 ISA] with any prescribed information he holds relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the keeper thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or

(c) that the harm test is satisfied.

(3) The harm test is that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(4) The second condition is that the keeper thinks—

(a) that the person is engaged or may engage in regulated activity or controlled activity, and

(b) (except in a case where paragraph 1, 2, 7 or 8 of Schedule 1 applies) that [F1 ISA] may consider it appropriate for the person to be included in a barred list.

[F2 (4A) Paragraph (4B) applies where the keeper of a relevant register appearing in any of the entries in column 1 of the table in paragraph (7) thinks that the harm test is satisfied.

(4B) Where this paragraph applies, the second condition is to be taken as satisfied if—

(a) a relevant registration decision has effect in relation to the person and the reason, or one of the reasons, for the relevant registration decision is also the reason, or one of the reasons, for the keeper thinking the harm test is satisfied,

(b) the person is under investigation by the body of which the keeper is the registrar in relation to an offence and matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or

(c) the body of which the keeper is the registrar holds information about the person which the keeper thinks is likely, in due course—

(i) to lead to the making of a relevant registration decision for a reason which is the same as the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or

(ii) to lead to an investigation in relation to an offence in which matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied.

(4C) For the purposes of paragraph (4B), a relevant registration decision is a decision, however expressed—

(a) to refuse to register a person in a relevant register,

(b) to remove a person from a relevant register,

(c) to suspend a person's registration in a relevant register (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),

(d) to make a person's registration in a relevant register conditional on the person's compliance with specified requirements (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),

(e) to annotate a person's entry in a relevant register with a record of a formal caution or warning, or

(f) to agree with a person's undertakings in respect of that person's future conduct, if those undertakings are recorded in the relevant register.]

(5) A keeper of a relevant register may provide [F1 ISA] with any prescribed information he holds relating to a person if—

(a) he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and

(b) the condition in paragraph (4) is satisfied.

(6) For the purposes of paragraph (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

(7) In this Article—

(a) a relevant register is a register appearing in column 1 of the following table, and

(b) in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

Relevant register	Keeper of the register
1.  The register of teachers maintained under Article 35 of the Education (Northern Ireland) Order 1998 (NI 13)	The General Teaching Council for Northern Ireland
2.  The register of pharmaceutical chemists maintained under Article 6 of the Pharmacy (Northern Ireland) Order 1976 (NI 22)	The registrar appointed under Article 9(1) of that Order
3.   [F3 Any of] the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54)	The registrar of the General Medical Council
4.  The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act	The registrar appointed under section 14 of that Act
5.  The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act	The registrar of the General Optical Council
6.  The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21)	The Registrar of Osteopaths
7.  The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17)	The Registrar of Chiropractors
8.  The register of social workers and social care workers maintained under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)	The Northern Ireland Social Care Council
9.  The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 (S.I. 2002/253)	The registrar appointed under Article 4 of that Order
10.  The register of members of relevant professions maintained under Article 5 of the Health Professions Order 2001 (S.I. 2002/254)	The registrar appointed under Article 4 of that Order

(8) The Secretary of State may by order amend the table in paragraph (7) by inserting an entry or amending or omitting an entry for the time being contained in the Table.

Textual Amendments

F1 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F2 Art. 43(4A)-(4C) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 22(a)

F3 Words in art. 43(7) Table substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 22(b)

Commencement Information

I1 Art. 43 wholly in operation; art. 43 not in operation at date of making see art. 1(3); art. 43(1)(5)(8) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(n), art. 5(f); art. 43(7) in operation for certain purposes at 13.3.2009 by S.R. 2009/41, art. 3(1)(e); art. 43 in operation at 12.10.2009 in so far as it is not already in operation by S.R. 2009/346, art. 3, Sch.