The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

Monitoring N.I.

Monitoring N.I.

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

F1 Words 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)

F2 Word 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)

F3 Art. 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

I1 Art. 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)

[F4 Monitoring: power to prescribe additional fees N.I.

28A.— (1) An individual subject to monitoring under Article 28 in relation to a regulated activity must pay a prescribed fee if—

(a) no fee was payable by virtue of Article 28(1)(d) when the individual made a monitoring application (within the meaning of Article 28) in respect of the activity, and

(b) there has been a prescribed change of circumstances as a result of which a fee would be payable by virtue of Article 28(1)(d) if a monitoring application were now made in respect of the activity.

(2) The amount of the fee payable by virtue of paragraph (1) must not exceed the amount of fee which would be payable if a monitoring application were made in respect of the activity as mentioned in paragraph (1)(b).

(3) An individual does not cease to be subject to monitoring under Article 28 merely because the individual fails to pay a fee required by this Article (but see Article 32(2A)).]

Textual Amendments

F4 Art. 28A inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(1)

Monitoring fees N.I.

29.—(1) This Article has effect in respect of fees which may be prescribed in relation to applications for monitoring under Article 28 [F5 or in relation to a change of circumstances under Article 28A].

(2) In setting a fee for an application made [F6 , or change of circumstances occurring,] during the period of 5 years beginning with the commencement of [F7 Article 28], the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him before the end of that period (taking one financial year with another)—

(a) in connection with the operation of [F8 ISA] (including payments under paragraph 11 of Schedule 1 to the Safeguarding Vulnerable Groups Act 2006);

(b) in respect of any other expenditure of the Secretary of State in connection with his functions under this Order.

(3) In setting a fee for an application made [F9 , or change of circumstances occurring] after that period, the Secretary of State may take account of expenditure incurred, or which he thinks will be incurred, by him—

(a) in making payments under paragraph 11 of that Schedule;

(b) in respect of any other expenditure of the Secretary of State in connection with his functions under this Order.

(4) For the purposes of paragraph (2), it is immaterial that any expenditure is incurred before the commencement of Article 28 [F10 or 28A].

(5) The [F11 powers] to prescribe fees [F12 are] exercisable only with the consent of the Treasury.

(6) Fees received by the Secretary of State by virtue of Article 28(1)(d) [F13 or 28A] must be paid into the Consolidated Fund of the United Kingdom.

Textual Amendments

F5 Words in art. 29(1) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(a)

F6 Words in art. 29(2) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(b)(i)

F7 Words in art. 29(2) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(b)(ii)

F8 Words in Order substituted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 81(2)(3)(o)(i), 116(5)(a)

F9 Words in art. 29(3) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(c)

F10 Words in art. 29(4) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(d)

F11 Word in art. 29(5) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(e)(i)

F12 Word in art. 29(5) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(e)(ii)

F13 Words in art. 29(6) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 19(2)(f)

Ceasing monitoring N.I.

30.—(1) The Secretary of State may cease monitoring as mentioned in Article 28 in relation to an individual in such circumstances as are prescribed.

(2) The Secretary of State must cease such monitoring in relation to an individual who—

(a) satisfies the Secretary of State that he is not engaged in the regulated activity concerned, and

(b) requests the Secretary of State to cease monitoring.

Commencement Information

I2 Art. 30 partly in operation; art. 30 not in operation at date of making see art. 1(3); art. 30(1) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(e)

Prospective

Prohibition of requirement to produce certain records N.I.

31.—(1) A person (P) must not, in connection with—

(a) the recruitment of another person as an employee, or

(b) the continued employment of another person,

require that other person or a third party to supply him with a relevant record.

(2) A person concerned with the provision (for payment or not) of goods, facilities or services to the public or a section of the public must not, as a condition of providing or offering to provide any goods, facilities or services to another person, require that other person or a third party to supply him with a relevant record.

(3) Paragraph (1) does not apply if the duties of the employee include activity of a kind mentioned in paragraph 2(1) or 7(1) of Schedule 2 and the activity is for, or for the benefit, of—

(a) P himself;

(b) a child, or vulnerable adult, who is a member of P's family;

(c) a child, or vulnerable adult, who is a friend of P.

(4) “Family” and “friend” must be construed in accordance with Article 4.

(5) A person who contravenes paragraph (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6) A relevant record is the record of information provided by the Secretary of State under Article 28(4).

(7) An employee is an individual who—

(a) works under a contract of employment, as defined by Article 3(2) of the Employment Rights (Northern Ireland) Order 1996 (NI 16),

(b) provides any service under a contract for services, or

(c) holds any office,

whether or not he is entitled to remuneration; and “employment” must be construed accordingly.