Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003

JurisdictionUK Non-devolved
CitationSI 2003/417

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...

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