Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009

Consideration of cases arising during the relevant period

4.—(1) This Article applies during the relevant period.

(2) Paragraph (3) applies if, by virtue of a provision specified in paragraph (10), a person must or may—

(a) refer a person to the Department of Health, Social Services and Public Safety;

(b) provide information relating to a person (X) to the Department of Education and as a result of that information that Department is considering making a decision in respect of X under regulation 4 of the 2007 Regulations.

(3) The referral is to be made, or the information provided, to IBB instead of to the Department of Health, Social Services and Public Safety or the Department of Education.

(4) Accordingly, a requirement in any statutory provision that the event specified in paragraph (5) be notified to a person also applies to a referral made to IBB in accordance with paragraph (3).

(5) The event is the referral of a person to the Department of Health, Social Services and Public Safety by virtue of a provision specified in sub-paragraphs (a) or (b) of paragraph (10).

(6) Subject to paragraph (9), Article 7 and Article 39 of the 2003 Order must be ignored.

(7) Paragraph (8) applies if it appears to the Department of Health, Social Services and Public Safety that a person who held a relevant inquiry has found a person guilty of relevant misconduct.

(8) The Department of Health, Social Services and Public Safety must refer the person to IBB unless that Department is satisfied that IBB—

(a) is considering the case of the person, and

(b) is aware of the relevant misconduct.

(9) In paragraphs (7) and (8) “relevant inquiry” and “relevant misconduct” have the same meaning as in Article 7 and Article 39 of the 2003 Order.

(10) The provisions are—

(a) Articles 4, 5, 6 and 9 of the 2003 Order;

(b) Articles 36, 37 and 38 of the 2003 Order;

(c) regulation 4 of the 2007 Regulations, as modified by this Order.