SCHEDULES
SCHEDULE 6TRANSITIONAL PROVISIONS
Advice byF2 DBS
1
1
F2DBS must provide the Department of Health, Social Services and Public Safety with such advice as it requests in connection with any decision in relation to the inclusion of a person in a list kept under Article 3 or 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4).
2
F2DBS must provide the Department of Education with such advice as it requests in connection with any decision in relation to the inclusion of a person in a list kept for the purposes of Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3).
Existing restrictions relating to children
I12
1
This paragraph applies to a person who is—
a
included in the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 4) (individuals considered unsuitable to work with children);
b
disqualified from working with children by virtue of an order of the court under Article 23 or 24 of that Order;
c
included in the list kept under Article 70(2)(e)(iii) or 88A(2)(b)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3) (prohibition from teaching etc).
2
The Secretary of State may, by order, make such provision as he thinks appropriate—
a
requiring F3DBS to include the person in the children's barred list;
b
requiring F3DBS to consider including the person in the children's barred list;
c
as to circumstances in which the person may make representations to F3DBS and the time at which such representations may be made;
d
modifying the provisions of this Order so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
e
modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 1 in connection with F3DBS's consideration of any matter relating to the person.
3
An order under this paragraph may contain provision—
a
enabling the General Teaching Council for Northern Ireland to make determinations on an application by a person who has ceased to be subject to a decision under Article 70(2)(e)(iii) of the Education and Libraries (Northern Ireland) Order 1986 (NI 3) in relation to his eligibility for registration under Article 35 of the Education (Northern Ireland) Order 1998 (NI 13);
b
for the Secretary of State to prescribe by regulations the procedure in relation to an application as mentioned in paragraph (a).
Existing restrictions relating to vulnerable adults
I23
1
This paragraph applies to a person who is included in the list kept under Article 35 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 (NI 14) (individuals considered unsuitable to work with certain adults).
2
The Secretary of State may, by order, make such provision as he thinks appropriate—
a
requiring F4DBSto include the person in the adults' barred list;
b
requiring F4DBS to consider including the person in the adults' barred list;
c
as to circumstances in which the person may make representations to F4DBS and the time at which such representations may be made;
d
modifying the provisions of this Order so as to enable the person to engage in regulated activity of such description as is specified in the order in such circumstances as are so specified;
e
modifying anything done under paragraph 15 or in paragraphs 16 to 21 of Schedule 1 in connection with F4DBS's consideration of any matter relating to the person.
Existing restrictions: supplementary
I34
An order under paragraph 2 or 3 may—
a
modify any criminal offence created by this Order;
b
create any new criminal offence,
but the penalty for an offence created by virtue of this paragraph must not exceed level 5 on the standard scale.
F1..........
Sch. 6 para. 5 and preceding cross-heading repealed (10.9.2012 immediately after the coming into force of the Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012 (S.I. 2012/2157)) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 103, Sch. 10 Pt. 5; S.I. 2012/2234, art. 2(aa)(v) (bb)
F15
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Word in Sch. 6 para. 1 substituted (1.12.2012) by The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012 (S.I. 2012/3006), arts. 1(1), 6(g) (with Pt. 4)