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Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009

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Modification to section 113BB of the Police Act 1997

7.—(1) Section 113BB(1) of the Police Act 1997 has effect subject to the following modification.

(2) For subsection (2) substitute—

(2) Suitability information relating to vulnerable adults is whether the applicant is—

(a)barred from regulated activity relating to vulnerable adults;

(b)provisionally included in the list kept under Article 35 of the 2003 Order;

(c)included in the list kept under Article 35 of the 2003 Order otherwise than provisionally and prohibited from working in a care position.

(d)provisionally included in the list kept under section 81 of the 2000 Act;

(e)included in the list kept under section 81 of the 2000 Act otherwise than provisionally and prohibited from working in a care position.

(2A) If the applicant is provisionally included in the list kept under—

(a)Article 35 of the 2003 Order, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with Article 46 of that Order; or

(b)section 81 of the 1999 Act, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with section 89 of that Act.

(2B) In subsections (2)(c) and (2A)(a), “care position” has the same meaning as in Article 48 of the 2003 Order.

(2C) In subsections (2)(e) and (2A)(b), “care position” has the same meaning as in Part 7 of the 2000 Act..

(1)

Section 113BB is inserted by paragraph 14(4) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006. An amendment to section 126 of the Police Act 1997 by paragraph 3 of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 makes section 113BB applicable to Northern Ireland.

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