Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003
2003 No. 417 (N.I. 4)
NORTHERN IRELAND
The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003
27thFebruary 2003
ARRANGEMENT OF ORDER
PART I
INTRODUCTORY
1. |
Title and commencement |
2. |
Interpretation: general |
PART II
PROTECTION OF CHILDREN
CHAPTER I
PERSONS UNSUITABLE TO WORK WITH CHILDREN
List of persons unsuitable to work with children
3. |
Duty of Department to keep list |
Inclusion in list under Article 3
4. |
Inclusion in list on reference following disciplinary action, etc. |
5. |
Employment agencies, nursing agencies and employment businesses: duty to refer |
6. |
Power of other authorities to refer |
7. |
Individuals named in the findings of certain inquiries |
8. |
Inclusion in list on reference under Part III |
9. |
Reference by authority making direct payments in respect of services |
10. |
Inclusion in list on transfer from Pre-Employment Consultancy Service Register |
Appeals and applications to Social Care Tribunal
11. |
Appeals against inclusion in list |
12. |
Application for removal from list |
13. |
Conditions for application under Article 12 |
14. |
Restoration to list |
List in connection with prohibiting or restricting employment in schools, etc.
15. |
List in connection with prohibiting or restricting employment in schools, etc. |
Effect of inclusion in either list
16. |
Effect of inclusion in either list |
17. |
Access to the lists |
Supplementary
18. |
Accredited organisations |
19. |
Whistle-blowing by employee or member of child care organisation |
20. |
Interpretation of this Chapter |
21. |
Transitional provisions |
CHAPTER II
DISQUALIFICATION FROM WORKING WITH CHILDREN
Disqualification orders
22. |
Meaning of "offence against a child" |
23. |
Disqualification of adults from working with children |
24. |
Disqualification of juveniles from working with children |
25. |
Articles 23 and 24: supplementary |
26. |
Appeals |
27. |
Review of disqualification |
28. |
Conditions for applications under Article 27 |
29. |
Restoration of disqualification order |
Effect of disqualification from working with children
30. |
Persons disqualified from working with children: offences |
31. |
Meaning of "regulated position" |
32. |
Disqualification in other jurisdictions |
33. |
Rehabilitation of offenders |
Interpretation of Chapter II
34. |
Interpretation of this Chapter |
PART III
PROTECTION OF VULNERABLE ADULTS
List of persons unsuitable to work with vulnerable adults
35. |
Duty of Department to keep list |
Inclusion in list under Article 35
36. |
Persons who provide care for vulnerable adults: duty to refer |
37. |
Employment agencies, nursing agencies and employment businesses: duty to refer |
38. |
Power of other authorities to refer |
39. |
Individuals named in the findings of certain inquiries |
40. |
Inclusion in list on reference under Part II |
41. |
Inclusion in list on transfer from Pre-Employment Consultancy Service Register |
Appeals and applications to Social Care Tribunal
42. |
Appeals against inclusion in list |
43. |
Application for removal from list |
44. |
Conditions for application under Article 43 |
45. |
Restoration to list |
Effect of inclusion in list
46. |
Effect of inclusion in list |
47. |
Access to list |
Supplementary
48. |
Interpretation of this Part |
49. |
Transitional provisions |
PART IV
SOCIAL CARE TRIBUNALS
50. |
Social Care Tribunals |
Schedule |
Meaning of "offence against a child" |
Whereas a draft of this Order in Council has been approved by resolution of each House of Parliament:
At the Court at Buckingham Palace, the 27th day of February 2003
Present,
The Queen's Most Excellent Majesty in Council
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1(1) of the Schedule to the Northern Ireland Act 2000 (c.1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-
PART I
INTRODUCTORY
Title and commencement
1. - (1) This Order may be cited as the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003.
(2) This Part comes into operation on the expiration of two weeks from the date on which this Order is made.
(3) The remaining provisions of this Order come into operation on such day or days as the Department may by order appoint.
(4) An order under this Article may contain such transitional provisions as the Department thinks necessary or expedient.
Interpretation: general
2. - (1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.
(2) In this Order -
"adult" means a person who is not a child;
"child" means a person under the age of 18;
"the Children Order" means the Children (Northern Ireland) Order 1995 (NI 2);
"the Department" means the Department of Health, Social Services and Public Safety;
"director of social services" means -
(a) a director of social services of a Health and Social Services Board; or(b) an executive director of social work of a Health and Social Services trust;"employment" (except in Article 31) -
(a) means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; and(b) includes an office established by or by virtue of a prescribed statutory provision,and references to an individual being employed shall be construed accordingly;
"employment agency" and "employment business" have the same meanings as in the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20); but no business which is an employment business shall be taken to be an employment agency;
"nursing agency" has the same meaning as in Part II of the Nursing Homes and Nursing Agencies Act (Northern Ireland) 1971 (c. 32);
"nursing home" has the meaning given by Article 16 of the Registered Homes (Northern Ireland) Order 1992 (NI 20);
"organisation" means a body corporate or unincorporate or an individual who employs others in the course of a business;
"the Pre-Employment Consultancy Service Register" means the list kept under that name by the Department;
"prescribed" means prescribed by regulations;
"private hospital" has the meaning given by Article 90(2) of the Mental Health (Northern Ireland) Order 1986 (NI 4);
"regulations" means regulations made by the Department subject to negative resolution;
"residential care home" has the meaning given by Article 3 of the Registered Homes (Northern Ireland) Order 1992;
"statutory provision" has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c.33).
(3) For the purposes of this Order, an individual is made redundant if -
(a) he is dismissed; and(b) for the purposes of the Employment Rights (Northern Ireland) Order 1996 (NI 16) the dismissal is by reason of redundancy.PART II
PROTECTION OF CHILDREN
CHAPTER I
PERSONS UNSUITABLE TO WORK WITH CHILDREN
List of persons unsuitable to work with children
Duty of Department to keep list
3. - (1) The Department shall keep a list of individuals who are considered unsuitable to work with children.
(2) An individual shall not be included in the list except in accordance with this Chapter.
(3) The Department may at any time remove an individual from the list if it is satisfied that the individual should not have been included in it.
Inclusion in list under Article 3
Inclusion in list on reference following disciplinary action, etc.
4. - (1) A child care organisation shall, and any other organisation may, refer to the Department an individual who is or has been employed in a child care position if there is fulfilled -
(a) any of the conditions mentioned in paragraph (2); or(b) the condition mentioned in paragraph (3).(2) The conditions referred to in paragraph (1)(a) are -
(a) that the organisation has dismissed the individual on the grounds of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm;(b) that the individual has resigned, retired or been made redundant in circumstances such that the organisation would have dismissed him, or would have considered dismissing him, on such grounds if he had not resigned, retired or been made redundant;(c) that the organisation has, on such grounds, transferred the individual to a position within the organisation which is not a child care position;(d) that the organisation has, on such grounds, suspended the individual or provisionally transferred him to such a position as is mentioned in sub-paragraph (c), but has not yet decided whether to dismiss him or to confirm the transfer.(3) The condition referred to in paragraph (1)(b) is that -
(a) in circumstances not falling within paragraph (2), the organisation has dismissed the individual, he has resigned, retired or been made redundant or the organisation has transferred him to a position within the organisation which is not a child care position;(b) information not available to the organisation at the time of the dismissal, resignation, retirement, redundancy or transfer has since become available; and(c) the organisation has formed the opinion that, if that information had been available at that time and if (where applicable) the individual had not resigned, retired or been made redundant, the organisation would have dismissed him, or would have considered dismissing him, on such grounds as are mentioned in paragraph (2)(a).(4) If it appears from the information submitted with a reference under paragraph (1) that it may be appropriate for the individual to be included in the list kept under Article 3, the Department shall -
(a) determine the reference in accordance with paragraphs (5) to (7); and(b) pending that determination, provisionally include the individual in the list.(5) The Department shall -
(a) invite observations from the individual on the information submitted with the reference and, if it thinks fit, on any observations submitted under sub-paragraph (b); and(b) invite observations from the organisation on any observations on the...To continue reading
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