2010 No. 30
Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010
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 9(3), 25(12), 56(1) and (2), 61(1)(a), (2)(a) and (c) and (3) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 20071.
PART 1Introduction
Citation and commencement1
This Order may be cited as the Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010 and comes into operation on 1st April 2010.
Interpretation2
In this Order—
“the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
PART 2Regulated activity relating to children
Regulated activity: children
3
Part 1 of Schedule 2 to the 2007 Order (regulated activity relating to children) is amended in accordance with Articles 4 to 6.
4
1
Paragraph 1 (general) is amended as follows.
2
After sub-paragraph (7) insert—
7A
The exercise of a function under Article 130 of the Children (Northern Ireland) Order 19952, so far as it gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children is a regulated activity relating to children.
3
In sub-paragraph (8) for the words from “relates” to “paragraph 3(1)” substitute “gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with children”.
4
Omit sub-paragraph (9).
5
Omit sub-paragraph (10).
6
Omit sub-paragraph (11).
7
In sub-paragraph (12), for “(8) or (9)” substitute “(7A) or (8)”.
5
In paragraph 3(1) (establishments)—
a
omit the words “and (8)”; and
b
after paragraph (b) insert—
bb
premises which are used for the provision of education by an education and library board or on its behalf, which do not fall within paragraph (a) or (b);
6
1
Paragraph 4 (positions) is amended as follows.
2
In sub-paragraph (1)—
a
after paragraph (aa)3 insert—
aaa
an individual who is the proprietor of an independent school;
aab
an individual who takes part in the governance and management of an independent school;
b
in paragraph (k)4 omit “wholly or mainly”; and
c
after paragraph (k) insert—
l
member of an authority responsible for the approval of foster parents in accordance with regulations made under Articles 27 and 28 of the Children (Northern Ireland) Order 1995;
m
member of an adoption panel established in accordance with regulations made under Article 10 of the Adoption (Northern Ireland) Order 1987 (regulation of adoption agencies)5.
3
After sub-paragraph (3) insert—
4
In this paragraph—
“independent school” and “proprietor” has the same meaning as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 19866.
PART 3Regulated activity relating to vulnerable adults
Regulated activity: vulnerable adults
7
Part 2 of Schedule 2 to the 2007 Order (regulated activity relating to vulnerable adults) is amended in accordance with Articles 8 and 9.
8
1
Paragraph 7 (regulated activity relating to vulnerable adults) is amended as follows.
2
In sub-paragraph (5) for “ or (4)” substitute “, (4) or (6)”.
3
For sub-paragraph (6) substitute—
6
The exercise of a function of the following so far as it gives the person exercising the function the opportunity, in consequence of anything the person is permitted or required to do in the exercise of that function, to have contact with vulnerable adults, is a regulated activity relating to vulnerable adults—
a
the Chief Inspector of Criminal Justice in Northern Ireland;
b
RQIA.
4
Omit sub-paragraph (7).
5
Omit sub-paragraph (8).
9
In paragraph 8(1) (office holders etc), in paragraph (f)7 omit “wholly or mainly”.
PART 4The period condition
Regulated activity: the period condition10
In Part 3 of Schedule 2 to the 2007 Order (the period condition), in paragraph 10(1) for “two” substitute “three”.
Controlled activity: the period condition11
In Articles 25(3), (4) and (5) and 26(2) of the 2007 Order (controlled activity: children and vulnerable adults), for “two” substitute “three”.
PART 5Devolution alignment
Provision of information by the Independent Safeguarding Authority to a police force in England, Wales or Scotland12
In Article 52A(1)8 of the 2007 Order, after “Police Service of Northern Ireland” insert “or the chief constable of a police force in England, Wales or Scotland”.
PART 6Miscellaneous amendments to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007
13
The 2007 Order is amended in accordance with Articles 14 to 24.
Definition of institution of further education14
In Article 2(2) (Interpretation) for the definition of “institution of further education”, after “(NI 15)” insert “except that it includes a college or institution established under Article 5(1) of the Agriculture Act (Northern Ireland) 1949 (c.2) for the purpose of instructing persons in agriculture and related subjects”.
Amendments to references to the Regulation and Improvement Authority15
1
In Article 2(2) (Interpretation) for the definition of “the Regulation and Improvement Authority” substitute—
“RQIA” means the Health and Social Care Regulation and Quality Improvement Authority;
2
In Article 47(7) and paragraph 1(8) of Schedule 2 for “the Regulation and Improvement Authority” substitute “RQIA”.
Educational establishments: members of governing body subject to monitoring16
In Article 12 (Person not to engage in regulated activity unless subject to monitoring) for paragraph (11) substitute—
11
A person does not commit an offence under paragraph (3) 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.
Educational establishments: check on members of governing body17
In Article 17 (Educational establishments: check on members of governing body)—
a
after paragraph (1) insert—
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.
b
in paragraph (2) after “(1)” insert “ or (1A)”;
c
after paragraph (3) insert—
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.
d
in paragraph (4) for “Paragraph (3) does” substitute “Paragraphs (3) and (3A) do”; and
e
after paragraph (5) insert—
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.
Monitoring application18
In Article 28 (Monitoring)—
a
in paragraph (1)(b) for “a monitoring application” substitute “an application to the Secretary of State under this Article (“a monitoring application”)”;
b
in paragraph (8)(a) delete “Article”; and
c
for paragraph (10) substitute—
10
The Secretary of State may determine the form, manner and contents of a monitoring application.
Monitoring: additional fees19
1
After Article 28 (Monitoring) insert—
Monitoring: power to prescribe additional fees28A
1
An individual subject to monitoring under Article 28 in relation to a regulated activity must pay a prescribed fee if—
a
no fee was payable by virtue of Article 28(1)(d) when the individual made a monitoring application (within the meaning of Article 28) in respect of the activity, and
b
there has been a prescribed change of circumstances as a result of which a fee would be payable by virtue of Article 28(1)(d) if a monitoring application were now made in respect of the activity.
2
The amount of the fee payable by virtue of paragraph (1) must not exceed the amount of fee which would be payable if a monitoring application were made in respect of the activity as mentioned in paragraph (1)(b).
3
An individual does not cease to be subject to monitoring under Article 28 merely because the individual fails to pay a fee required by this Article (but see Article 32(2A)).
2
In Article 29 (Monitoring fees)—
a
in paragraph (1) after “28” insert “or in relation to a change of circumstances under Article 28A”;
b
in paragraph (2)—
i
after “made” insert “, or change of circumstances occurring,”; and
ii
for “that Article” substitute “Article 28”;
c
in paragraph (3) after “made” insert “, or change of circumstances occurring”;
d
in paragraph (4) after “28” insert “ or 28A”;
e
in paragraph (5)—
i
for “power” substitute “powers”; and
ii
for “is” substitute “are”; and
f
in paragraph (6) after “28(1)(d)” insert “ or 28A”.
Vetting information20
In Article 32 (Provision of vetting information)—
a
in paragraph (2)(a) for “a specified entry” substitute “the table in Schedule 5”;
b
after that sub-paragraph (but before the following “and”) insert—
aa
that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,
ab
whether the information is sought by A with a view to permitting or supplying B to carry out paid activity or with a view to making a check in accordance with Article 19(2)(a) in relation to the appointment of B to a position in which B will carry out paid activity,
c
after paragraph (2) insert—
2A
The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by Article 28A.
d
omit paragraph (3);
e
in paragraph (4)(a) and (b) for “column 2 of the specified entry” substitute “A’s declaration states that column 2 of the relevant entry”;
f
omit paragraph (5); and
g
after paragraph (6) insert—
6A
“Paid activity” means an activity carried out for financial gain.
6B
The Secretary of State may by regulations provide for an activity to be treated as, or not to be treated as, an activity carried out for financial gain.
Notification of cessation of monitoring21
In Article 34 (Notification of cessation of monitoring)—
a
in paragraph (3)(a) for “a specified entry” substitute “the table in Schedule 5”,
b
after that sub-paragraph (but before the following “and”) insert—
aa
that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,
c
omit paragraph (4);
d
in paragraph (5)(a) and (b) for “column 2 of the specified entry” substitute “A’s declaration states that column 2 of the relevant entry”;
e
omit paragraph (8).
Registers
22
In Article 43 (Registers: duty to refer)—
a
after paragraph (4) insert the following—
4A
Paragraph (4B) applies where the keeper of a relevant register appearing in any of the entries in column 1 of the table in paragraph (7) thinks that the harm test is satisfied.
4B
Where this paragraph applies, the second condition is to be taken as satisfied if—
a
a relevant registration decision has effect in relation to the person and the reason, or one of the reasons, for the relevant registration decision is also the reason, or one of the reasons, for the keeper thinking the harm test is satisfied,
b
the person is under investigation by the body of which the keeper is the registrar in relation to an offence and matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or
c
the body of which the keeper is the registrar holds information about the person which the keeper thinks is likely, in due course—
i
to lead to the making of a relevant registration decision for a reason which is the same as the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied, or
ii
to lead to an investigation in relation to an offence in which matters relevant to that investigation are the reason, or one of the reasons, for the keeper thinking that the harm test is satisfied.
4C
For the purposes of paragraph (4B), a relevant registration decision is a decision, however expressed—
a
to refuse to register a person in a relevant register,
b
to remove a person from a relevant register,
c
to suspend a person’s registration in a relevant register (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),
d
to make a person’s registration in a relevant register conditional on the person’s compliance with specified requirements (whether for a specified period or pending the outcome of an investigation or the final determination of proceedings),
e
to annotate a person’s entry in a relevant register with a record of a formal caution or warning, or
f
to agree with a person’s undertakings in respect of that person’s future conduct, if those undertakings are recorded in the relevant register.
b
in the table in paragraph (7) in entry 3, in column 1 (relevant register) for “Either of” substitute “Any of”.
23
In Article 45 (Registers: notice of barring and cessation of monitoring), in paragraph (6)(a), omit “of entry 1 or 8”.
24
In Article 46 (Registers: power to apply for vetting information), in paragraph (4)(a), omit “of entry 1 or 8”.
(This note is not part of the Order)