Safeguarding Vulnerable Groups (2007 Order) (Commencement No.6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010

Contents

Part 1 Introduction
- 1 Citation, commencement and interpretation
Part 2 Commencement
- 2 Provisions of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 coming into operation on the day after the day on which this Order is made
- 3 Further repeal of provisions of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003
Part 3 Amendment of the Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) Order (Northern Ireland) 2009

Part 1 · Introduction

Article 1Citation, commencement and interpretation#

(1)This Order may be cited as the Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 6 and Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 5, Transitional Provisions and Savings) (Amendment)) Order (Northern Ireland) 2010.

(2)Articles 4 to 9 come into operation on the day after the day on which this Order is made.

(3)In this Order—• “the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;• “the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986;• “the 2007 Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007;• “the 2008 Order” means the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008;• “the 2009 Order” means the Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) Order 2009 (Northern Ireland) 2009;• “POCVA” means the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;• “disqualification order” means an order under Article 23 or 24 of POCVA;• “disqualified from working with children” means disqualified from working with children for the purposes of Part II of POCVA;• “ISA” means the Independent Safeguarding Authority;• “a regulated position” is one falling within Article 31 of POCVA.

Part 2 · Commencement

Article 2Provisions of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 coming into operation on the day after the day on which this Order is made#

In so far as they are not already in operation, the day after the day on which this Order is made is the day appointed for the coming into operation of Articles 25 and 26 of the Order.

Article 3Further repeal of provisions of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003#

(1)The repeal of the remaining provisions of POCVA by Article 60(2) of, and Schedule 8 to the Order shall come into operation on the day after the day on which this Order is made for the purposes specified in paragraph (2).

(2)Article 30 of POCVA shall cease to have effect for the purpose of making it an offence for a person knowingly to—

(a)offer work in a regulated position to,

(b)procure work in a regulated position for, or

(c)fail to remove from a regulated position

(3)A person (“P”) falls within this paragraph if P is disqualified from working with children only by reason of a disqualification order falling within paragraph (4) and P—

(a)is or has at any time been barred from regulated activity relating to children by virtue of Article 7(2) of the Order, or

(b)has been included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order, but is removed from that list by the ISA in accordance with Article 3(4) of that Order.

(4)A disqualification order falls within this paragraph if—

(a)P was subject to the disqualification order immediately before ISA included P in the children’s barred list, and

(b)at that time ISA was aware that P was subject to the disqualification order.

(5)In paragraph (1) “the remaining provisions of POCVA” means the provisions of that Order other than those referred to in the Schedule to the 2009 Order.

a person falling within paragraph (3).

Part 3 · Amendment of the Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) Order (Northern Ireland) 2009

Article 4Amendment of the Safeguarding Vulnerable Groups (2007 Order) (Commencement No.5, Transitional Provisions and Savings) Order (Northern Ireland) 2009#

The 2009 Order is amended in accordance with Articles 5 to 9.

Article 5Amendment of Article 2 of the 2009 Order (interpretation)#

At the appropriate place in Article 2(1) of the 2009 Order insert—“• “disqualified from working with children” means disqualified from working with children for the purposes of Part II of POCVA;”

Article 6Amendment of Article 5 of the 2009 Order (transitional provisions and savings: persons included in the list of persons unsuitable to work with children: Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003)#

(1)Article 5 of the 2009 Order is amended in accordance with paragraphs (2) to (5).

(2)At the end of paragraph (5)(a) insert—“and—i there is no outstanding appeal relating to P’s removal from the list, andii the period of time in which any appeal relating to the removal of P from the list may be expired;”

(3)For paragraph (5)(b) substitute—“b P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and—i ISA is not required under Article 3(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list; orii where ISA is required under that Article to give P the opportunity to make such representations, it decides under that Article not to remove P from that list; andiii where paragraph (i) or (ii) applies—aa there is no outstanding review of P’s inclusion in the list kept under Article 3 of POCVA,bb there is no outstanding appeal relating to P’s inclusion in that list, andcc the period of time in which any appeal relating to P’s inclusion in that list may be made has expired;”

(4)After paragraph (5) insert—“5A Where P has been included in the children’s barred list in accordance with Article 3(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 1 or 2 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.”

(5)After paragraph (6) insert—“7 For the purposes of paragraph (5)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Health, Social Services and Public Safety for the purposes of determining whether P should be removed from the list pursuant to Article 3(3) of POCVA.”

Article 7Amendment of Article 6 of the 2009 Order (transitional provisions and savings: persons included in the list of persons unsuitable to work with vulnerable adults: Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003)#

(1)Article 6 of the 2009 Order is amended in accordance with paragraphs (2) to (5).

(2)At the end of paragraph (4)(a) insert—“and—i there is no outstanding appeal relating to P’s removal from the list, andii the period of time in which any appeal relating to the removal of P from the list may be made has expired;”

(3)For paragraph (5)(b) substitute—“b P is included in the adults’ barred list pursuant to Article 5(2)(a) of the 2008 Order andi ISA is not required under Article 5(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, orii where ISA is required under that Article to give P the opportunity to make such representations, it decides under that Article not to remove P from that list, andiii where paragraph (i) or (ii) applies—aa there is no outstanding review of P’s inclusion in the list kept under Article 35 of POCVA,bb there is no outstanding appeal relating to P’s inclusion in that list, andcc the period of time in which any appeal relating to P’s inclusion in that list may be made has expired;”

(4)After paragraph (5) insert—“5A Where P has been included in the adults’ barred list in accordance with Article 5(2)(a) of the 2008 Order and where paragraph (5)(a) is satisfied at any time whilst P is so included, ISA must remove P from the list unless it is satisfied that paragraph 7 or 8 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the adult’s barred list) applies to P.”

Article 8Amendment of Article 7 of the 2009 Order (transitional and savings provisions: persons prohibited from teaching or working with children: The Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007)#

(1)Article 7 of the 2009 Order is amended in accordance with paragraphs (2) to (6).

(2)In paragraph (2)(c) for “regulation 9” substitute “regulation 7 or 9”.

(3)For paragraph (4)(a) substitute—“a a prohibition in relation to P is revoked under regulation 7, 9 or 11 of the 2007 Regulations and—i there is no outstanding appeal relating to the revocation of the prohibition, andii the period of time in which any appeal relating to the revocation of the prohibition may be made has expired.”

(4)For paragraph (4)(b) substitute—“b P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and—i ISA is not required under Article 3(2)(b) of the 2008 Order to give P the opportunity to make representations as to why P should be removed from that list, orii where ISA is required under that Article to give P the opportunity to make such representations, it decides not to remove P from that list, andiii where paragraph (i) or (ii) applies—aa there is no outstanding review relating to a prohibition made in relation to P under regulations 4 or 6 of the 2007 Regulations,bb there is no outstanding appeal relating to a decision not to revoke a prohibition made in relation to P, andcc the period of time in which any appeal relating to the decision not to revoke a prohibition in relation to P may be made has expired;”

(5)After paragraph (4) insert—“4A Where P has been included in the children’s barred list in accordance with Article 3(2)(a) of the 2008 Order and where paragraph (4)(a) is satisfied at any time whilst P is so included, ISA must remove P from that list unless it is satisfied that paragraph 1 or 2 of Schedule 1 to the Order (prescribed criteria for automatic inclusion in the children’s barred list) applies to P.”

(6)After paragraph (5) insert—“6 For the purposes of paragraph (4)(b)(iii)(aa), “outstanding review” means a review being carried out by the Department of Education for the purposes of determining whether a prohibition made in relation to P should be revoked under regulation 7 or 9 of the 2007 Regulations.”

Article 9Minor Amendments of the 2009 Order (Article 3 and the Schedule to that Order)#

In column 2 of the Schedule to the 2009 Order, in the entry that corresponds to the reference in column 1 to “Article 25”, for “to 38” insert “, 38”.

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