The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/1351 |
2007 No.1351 (N.I. 11)
NORTHERN IRELAND
The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
2ndMay 2007
9thMay 2007
ARRANGEMENT OF ORDER
Title and commencement1. Title and commencement
Interpretation2. Interpretation
3. Vulnerable adults
4. Family and personal relationships
Barring5. The Independent Barring Board
6. Barred lists
7. Barred persons
8. Appeals
Regulated activity9. Regulated activity
Regulated activity providers10. Regulated activity providers
Restrictions on participating in regulated activity11. Barred person not to engage in regulated activity
12. Person not to engage in regulated activity unless subject to monitoring
13. Use of barred person for regulated activity
14. Use of person not subject to monitoring for regulated activity
15. Regulated activity provider: failure to check
16. Personnel suppliers: failure to check
17. Educational establishments: check on members of governing body
18. Office holders: offences
19. Articles 17 and 18: checks
Exceptions20. Exception to requirement to make monitoring check
21. HSS employment
Offences: supplementary22. Offences: companies, etc.
23. Offences: other persons
24. Article 23: exclusions and defences
Controlled activity25. Controlled activity relating to children
26. Controlled activity relating to vulnerable adults
27. Controlled activity: regulations
Monitoring28. Monitoring
29. Monitoring fees
30. Ceasing monitoring
31. Prohibition of requirement to produce certain records
Notices and information32. Provision of vetting information
33. Meaning of relevant information in Article 32
34. Notification of cessation of monitoring
35. Cessation of registration
36. Declarations under Articles 32 and 34
37. Regulated activity providers: duty to refer
38. Personnel suppliers: duty to refer
39. Regulated activity providers: duty to provide information on request etc.
40. Duty to provide information: offences
Education and Library Boards and HSS Bodies41. Education and Library Boards and HSS Bodies: duty to refer
42. Education and Library Boards and HSS bodies: duty to provide information on request
Professional bodies and supervisory authorities43. Registers: duty to refer
44. Registers: duty to provide information on request
45. Registers: notice of barring and cessation of monitoring
46. Registers: power to apply for vetting information
47. Supervisory authorities: duty to refer
48. Supervisory authorities: duty to provide information on request
49. Supervisory authorities: power to apply for vetting information
50. Supervisory authorities: notification of barring, etc in respect of children
51. Supervisory authorities: notification of barring, etc. in respect of vulnerable adults
52. Provision of information to supervisory authorities
Miscellaneous53. Crown application
54. Referrals: findings of fact immaterial
55. Fostering
56. Alignment with rest of UK
General57. Damages
58. Orders and regulations
59. Transitional provision
60. Amendments and repeals
61. Supplementary, incidental, consequential etc. provision
SCHEDULES:
Schedule 1
Barred lists
Part I
Children's barred list
Part II
Adults' barred list
Part III
Supplementary
Schedule 2
Regulated activity
Part I
Regulated activity relating to children
Part II
Regulated activity relating to vulnerable adults
Part III
The period condition
Schedule 3
Appropriate verification
Part I
Default Position
Part II
Prescribed verification
Part III
Prescribed verification
Part IV
Definitions and power to amend
Schedule 4
Employment businesses: failure to check
Schedule 5
Vetting information
Schedule 6
Transitional provisions
Schedule 7
Amendments
Schedule 8
Repeals
At the Court at Buckingham Palace, the 2nd day of May 2007
Present,
The Queen's Most Excellent Majesty in Council
Whereas this Order in Council is made only for purposes corresponding to those of the Safeguarding Vulnerable Groups Act 2006 (c. 47):
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) (as modified by section 55 of the said Act of 2006) 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:-
Title and commencement
Title and commencement
1.-
(1) This Order may be cited as the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
(2) This Article and Articles 2 to 4, 58 and 61 come into operation two weeks after the day on which this Order is made.
(3) The other provisions of this Order come into operation on such day or days as the Secretary of State may by order appoint.
Interpretation
Interpretation
2.-
(1) Subject to Article 22(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-
"the 1972 Order" means the Health and Personal Social Services (Northern Ireland) Order 1972 (NI 14);
"the 2003 Order" means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9);
"the adults' barred list" must be construed in accordance with Article 6(1)(b);
"barred list" means the children's barred list or the adults' barred list;
"child" means a person who has not attained the age of 18;
"the Children Order" means the Children (Northern Ireland) Order 1995 (NI 2);
"the children's barred list" must be construed in accordance with Article 6(1)(a);
"employment agency" and "employment business" must be construed in accordance with Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20);
"HSS body" means any of the following within the meaning of the 1972 Order-
(a) a Health and Social Services Board,
(b) a Health and Social Services trust;
(c) a special health and social services agency;
"IBB" must be construed in accordance with Article 5;
"institution of further education" has the same meaning as in the Further Education (Northern Ireland) Order 1997 (NI 15);
"personal social services" has the same meaning as in the 1972 Order;
"personnel supplier" means-
(a) a person carrying on an employment agency or an employment business, or
(b) an educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated or controlled activity;
"prescribed" means prescribed by regulations made by the Secretary of State;
"the Regulation and Improvement Authority" means the Northern Ireland Health and Personal Social Services Regulation and Improvement Authority;
"statutory provision" must be construed in accordance with section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c,33);
"supervisory authority" must be construed in accordance with Article 47(7);
"vulnerable adult" must be construed in accordance with Article 3.
(2) A reference (however expressed) to a person being barred must be construed in accordance with Article 7.
(3) A reference to a person being subject to monitoring in relation to a regulated activity must be construed in accordance with Article 28.
(4) Nothing in this Order affects any power to provide information which exists apart from this Order.
Vulnerable adults
3.-
(1) A person is a vulnerable adult if he has attained the age of 18 and-
(a) he is in residential accommodation,
(b) he is in sheltered housing,
(c) he receives domiciliary care,
(d) he receives any form of health care,
(e) he is detained in lawful custody,
(f) he is by virtue of an order of a court under supervision by a probation officer,
(g) he receives a welfare service of a prescribed description,
(h) he receives any service or participates in any activity provided specifically for persons who fall within paragraph (9),
(i) payments are made to him (or to another on his behalf) in pursuance of arrangements under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6), or
(j) he requires assistance in the conduct of his own affairs.
(2) Residential accommodation is accommodation provided for a person-
(a) in connection with any care or nursing he requires, or
(b) who is or has been a pupil attending a residential special school.
(3) A residential special school is a school which provides residential accommodation for its pupils and which is-
(a) a special school within the meaning of Article 3(5) of the Education (Northern Ireland) Order 1996 (NI 1);
(b) an independent school which is approved by the Department of Education in accordance with Article 26 of that Order; or
(c) an institution of further education which provides accommodation for children.
(4) Domiciliary care is care of any description or assistance falling within paragraph (5) whether provided continuously or not which a person receives in a place where he is, for the time being, living.
(5) Assistance falls within this paragraph if it is (to any extent) provided to a person by reason of-
(a) his age;
(b) his health;
(c) any disability he has.
(6) Health care includes treatment, therapy or palliative care of any description.
(7) A person is in lawful custody if he is-
(a) detained in a prison, remand centre or young offenders centre;
(b) a detained person (within the meaning of Part 8 of the Immigration and Asylum Act 1999 (c. 33)) who is detained in a removal centre or short-term holding facility (within the meaning of that Part) or in pursuance of escort arrangements made under section 156 of that Act.
(8) The reference to a welfare service must be construed in accordance with Article 20(5).
(9) A person falls within this paragraph if-
(a) he has particular needs because of his age;
(b) he has any form of disability;
(c) he has a physical or mental problem of such description as is prescribed;
(d) she is an expectant or nursing mother in receipt of care under Article 8 of the 1972 Order;
(e) he is a person of a prescribed description not...
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