- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
5.—(1) Notwithstanding the commencement under Article 3 of the repeal of the relevant provisions of POCVA, those provisions shall continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.
(2) The relevant provisions of POCVA shall continue to have effect for the purposes of—
(a)keeping the list under Article 3 of that Order;
(b)providing for the effect of P’s inclusion in that list in accordance with Article 16 of that Order;
(c)determining whether P is to be removed from that list and providing for P’s removal.
(3) For the purposes of paragraph (2)(c), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under Article 11 of that Order or on an application under Article 12 of that Order.
(4) P is a person—
(a)who immediately before 12th October 2009 is included in the list kept under Article 3 of POCVA, and
(b)in relation to whom none of the matters described in paragraph (5)(b) to (e) has occurred before that date.
(5) The matters referred to in paragraph (1) are—
(a)P is removed from the list kept under Article 3 of POCVA in accordance with a provision of that Order;
(b)P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and either—
(i)IBB is not required under paragraph (2)(b) of Article 3 of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
(ii)where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that Article not to remove P from that list;
(c)P is included in the children’s barred list other than in accordance with Article 3(2)(a) of the 2008 Order;
(d)in accordance with Article 3(4) of the 2008 Order, IBB removes P from the children’s barred list;
(e)where P is referred to IBB in accordance with Article 4 of the 2008 Order, IBB makes a decision not to include P in the children’s barred list.
(6) Article 7 of the Order does not apply to P until the relevant provisions of POCVA cease to have effect in relation to P in accordance with this Article.
6.—(1) Notwithstanding the commencement under Article 3 of the repeal of the relevant provisions of POCVA, those provisions shall continue to have effect in relation to a person falling within paragraph (4) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (5) applies to P.
(2) The relevant provisions of POCVA shall continue to have effect for the purposes of—
(a)keeping the list under Article 35 of that Order;
(b)providing for the effect of P’s inclusion in that list in accordance with Article 46 of that Order;
(c)determining whether P is to be removed from that list and providing for P’s removal.
(3) For the purposes of paragraph (2)(c), the reference to determining whether P is to be removed from the list includes consideration of whether P should be removed on an appeal under Article 42 of that Order or on an application under Article 43.
(4) P is a person—
(a)who immediately before 12th October 2009 is included in the list kept under Article 35 of POCVA, and
(b)in relation to whom none of the matters described in paragraph (5)(b) to (e) has occurred before that date.
(5) The matters referred to in paragraph (1) are—
(a)P is removed from the list kept under Article 35 of POCVA in accordance with a provision of that Order;
(b)P is included in the adults’ barred list pursuant to Article 5(2)(a) of the 2008 Order and either—
(i)IBB is not required under paragraph (2)(b) of Article 5 of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
(ii)where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that Article not to remove P from that list;
(c)IBB includes P in the adults’ barred list other than in accordance with Article 5(2)(a) of the 2008 Order;
(d)in accordance with Article 5(4) of the 2008 Order, IBB removes P from the adults’ barred list;
(e)where P is referred to IBB in accordance with Article 6 of the 2008 Order, IBB makes a decision not to include P in the adults’ barred list.
(6) Article 7 of the Order does not apply to P until the relevant provisions of POCVA cease to have effect in relation to P in accordance with this Article.
7.—(1) Notwithstanding the commencement under Article 3 of—
(a)paragraph 2 of Schedule 7 to the Order; and
(b)the repeal of the relevant provisions of POCVA,
those provisions shall continue to have effect in relation to a person falling within paragraph (3) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (4) applies to P.
(2) The provisions mentioned in paragraph (1) continue to have effect for the purposes of—
(a)keeping a list under regulation 8 of the 2007 Regulations;
(b)providing for the effect of P’s inclusion in that list in accordance with Article 16 of POCVA;
(c)determining whether a prohibition in relation to P should be revoked under regulation 9 (revocation by the Department of Education) or regulation 11 (revocation on appeal to the Care Tribunal(1) under regulation 10) of the 2007 Regulations and revoking such a prohibition;
(d)giving effect to the 2007 Regulations in so far as those regulations are relevant for the purposes specified in sub-paragraphs (a) to (c).
(3) P is a person—
(a)who immediately before the 12th October 2009—
(i)is included in the list kept under Article 3 of POCVA; or
(ii)is not included in that list but who is included in the list kept under regulation 8 of the 2007 Regulations on the grounds referred to in Article 70(2)(e)(iii) or Article 88A(2)(b)(iii) of the 1986 Order; and
(b)in relation to whom none of the matters described in paragraph (4)(b) to (e) has occurred before that date.
(4) The matters referred to in paragraph (1) are—
(a)a prohibition in relation to P is revoked under regulation 9 or 11 of 2007 Regulations;
(b)P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and either—
(i)IBB is not required under Article 3(2)(b) of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
(ii)where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that Article not to remove P from that list;
(c)P is included in the children’s barred list other than in accordance with Article 3(2)(a) of the 2008 Order;
(d)in accordance with Article 3(4) of the 2008 Order, IBB removes P from the children’s barred list;
(e)where P is referred to the IBB in accordance with Article 4 of the 2008 Order, IBB makes a decision not to include P in the children’s barred list.
(5) Article 7 of the Order does not apply to a person falling within paragraph (3)(a)(ii) until the provisions referred to in paragraph (1) cease to have effect in relation to that person in accordance with this Article.
“Care Tribunal” means the Care Tribunal established under Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 [S.I. 2003/431 (N.I. 9)].
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: