2009 No. 305
The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009
Made
Coming into operation
To be laid before Parliament
The Secretary of State makes the following Order in exercise of the powers conferred by Articles 3(11), 7(2)(b) and (3)(b), 47(9), 61(1), (2)(a) and (3) of, and paragraphs 6 and 9 of Schedule 2 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 20071.
Citation and commencement1
This Order may be cited as the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 and comes into operation on 12th October 2009.
Interpretation2
In this Order—
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
“relative” has the same meaning as in Article 2 of the Children (Northern Ireland) Order 19952.
Vulnerable Adults3
1
A person (P) who falls within Article 3(9)(b) of the 2007 Order is not to be treated as a vulnerable adult for the purposes of Article 3(1)(h) of the 2007 Order where—
a
P has one or more of the disabilities mentioned in paragraph (2);
b
P has no other form of disability; and
c
P receives a service or participates in an activity provided specifically for persons with a disability mentioned in paragraph (2).
2
The disabilities referred to in paragraph (1) are—
a
dyslexia;
b
dyscalculia;
c
dyspraxia;
d
irlen syndrome;
e
alexia;
f
auditory processing disorder;
g
dysgraphia.
Exceptions – regulated activity relating to children4
1
The provision of any form of treatment for a child is not to be treated as a regulated activity relating to children where—
a
a person (P) who is engaged in any activity;
b
provides treatment to a child; and
c
the provision of treatment is not one of the main purposes of the activity in which P is engaged.
2
The fostering of a child (C) is not to be treated as a regulated activity where—
a
a person (F) is included in the children’s barred list;
b
C is being looked after by an authority within the meaning of Articles 25 and 26 of the Children (Northern Ireland) Order 1995;
c
the authority that looks after C is satisfied that C’s welfare requires that C is fostered by F; and
d
either—
i
F or a member of F’s household is a relative of C; or
ii
C was being fostered by F immediately before F was included in the children’s barred list.
Exception – regulated activity relating to vulnerable adults5
The provision of any form of treatment for a vulnerable adult is not to be treated as a regulated activity relating to vulnerable adults where—
a
a person (P) who is engaged in any activity;
b
provides treatment to a vulnerable adult; and
c
the provision of treatment is not one of the main purposes of the activity in which P is engaged.
Barred Lists6
For the purposes of—
a
Article 7(2)(b) of the 2007 Order, the lists maintained under—
i
section 2(1)(a) of the Safeguarding Vulnerable Groups Act 20063; and
ii
section 1(1) of the Protection of Children (Scotland) Act 20034 except where subsection (1) of section 7 (Provisional inclusion in list) of that Act applies,
are specified as corresponding to the children’s barred list;
b
Article 7(3)(b) of the 2007 Order, the list maintained under section 2(1)(b) of the Safeguarding Vulnerable Groups Act 2006 is specified as corresponding to the adults’ barred list.
Amendments to the Safeguarding Vulnerable Groups (Northern Ireland) Order 20077
1
The 2007 Order is amended in accordance with paragraphs (2) to (5).
2
In Article 2(2) for the definition of “HSS body” substitute—
“HSC body” means any of the following within the meaning of the Health and Social Care (Reform) Act (Northern Ireland) 20095—
- a
the Regional Health and Social Care Board;
- b
the Regional Agency for Public Health and Social Well-being;
- c
a HSC trust;
- d
a special agency;
- e
the Patient and Client Council;
3
For “HSS body” in every place where this reference occurs in the 2007 Order substitute “HSC body”.
4
In Article 25(6)(c) (Controlled activity relating to children) for “(10)(a)” substitute “(10)(b)”.
5
In Article 47(7), (Supervisory authorities: duty to refer), after sub-paragraph (b) insert—
c
the Charity Commission for Northern Ireland in respect of its functions under the Charities Act (Northern Ireland) 2008 (c.12)
(This note is not part of the Order)