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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
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- 29/05/2008- Amendment
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The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Section 17 is up to date with all changes known to be in force on or before 06 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Educational establishments: check on members of governing bodyN.I.
This section has no associated Explanatory Memorandum
17.—(1) The appropriate officer (P) commits an offence if he fails in the prescribed period to make a check in accordance with Article 19 relating to any person (B) who is appointed to the governing body of an educational establishment mentioned in Article 12(5).
[F1(1A) B commits an offence if he—
(a)acts as a member of the governing body of an educational establishment mentioned in Article 12(5),
(b)has not consented to P making a check in accordance with Article 19(2)(a), and
(c)has not provided P with any information required to make that check.]
(2) A person guilty of an offence under paragraph (1) [F2or (1A)] is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A person does not commit an offence under paragraph (1) if, in relation to any continuous period for which B is a member of the governing body of the establishment—
(a)the appointment first took effect before the commencement of this Article, and
(b)it continues to have effect after such commencement.
[F3(3A) A person does not commit an offence under paragraph (1A) if, in relation to any continuous period for which the person is a member of the governing body of the establishment—
(a)the person's appointment first took effect before the commencement of this Article, and
(b)it continues to have effect after such commencement.]
(4) [F4Paragraphs (3) and (3A) do] not apply in respect of an appointment which continues to have effect after such date as the Secretary of State specifies by order.
(5) An appropriate officer is such person as is prescribed.
[F5(6) The period prescribed for purposes of paragraph (1) must not start before B has—
(a)consented to P making a check in accordance with Article 19(2)(a), and
(b)provided P with any information required to make that check.]
Textual Amendments
F1Art. 17(1A) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 17(a)
F2Words in art. 17(2) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 17(b)
F3Art. 17(3A) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 17(c)
F4Words in art. 17(4) substituted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 17(d)
F5Art. 17(6) inserted (1.4.2010) by Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 (S.R. 2010/30), art. 17(e)
Commencement Information
I1Art. 17 partly in operation; art. 17 not in operation at date of making see art. 1(3); art. 17(1)(5) in operation for certain purposes at 29.5.2008 by S.R. 2008/233, art. 4(b)
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