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The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012

Status:

This is the original version (as it was originally made).

PART 3Safeguarding Panels

Number and area

21.—(1) For the purposes of section 7(1)(a) of the Act the prescribed number of committees to be called Safeguarding Panels shall be five.

(2) The name of each Safeguarding Panel shall be the name specified in column 1 of Schedule 2 and the area of that Panel shall be the area of the local government districts specified opposite the name of that Panel in column 2 of Schedule 2.

Appointment of Chair and members of Safeguarding Panels

22.  For the purposes of section 7(4)(a) of the Act—

(a)the Safeguarding Board shall, with the approval of the Department, appoint a Chair of each of the Safeguarding Panels specified in column 1 of Schedule 2; and

(b)the Safeguarding Board shall appoint the members specified in paragraphs (1)(b) to (j) of regulation 23.

Membership of Safeguarding Panels

23.—(1) For the purposes of section 7(5) of the Act a Safeguarding Panel shall include—

(a)a Chair appointed in accordance with regulation 22(a);

(b)from a HSC trust–

(i)an Assistant Director for Children’s Services;

(ii)a Named Doctor for Safeguarding Children;

(iii)a Named Nurse for Safeguarding Children;

(iv)an Assistant Director for Mental Health Services;

(c)a Superintendent from the Police Service of Northern Ireland;

(d)an area manager from the Probation Board for Northern Ireland;

(e)an Assistant Director from the Youth Justice Agency;

(f)a manager from an education and library board;

(g)at least one but no more than two managers from a district council;

(h)a manager from the National Society for the Prevention of Cruelty to Children;

(i)at least three but no more than five persons from voluntary organisations; and

(j)a member of a Local Medical Committee of the British Medical Association who practices within the area of the Safeguarding Panel.

(2) For the purposes of paragraph (1)(b)(ii) a Named Doctor for Safeguarding Children means a doctor named by a HSC trust as having particular responsibilities and duties in relation to safeguarding children.

(3) For the purposes of paragraph (1)(b)(iii) a Named Nurse for Safeguarding Children means a nurse named by a HSC trust as having particular responsibilities and duties in relation to safeguarding children.

(4) The representatives prescribed in paragraph (1)(b) to (j) must have a responsibility or a particular interest in safeguarding and promoting the welfare of children within the area of the Safeguarding Panel.

Disqualification for appointment of Chair of Safeguarding Panels

24.—(1) Regulation 5 shall apply to any person appointed Chair of a Safeguarding Panel in accordance with regulation 22(a) as if any reference to a person appointed under section 1(2)(a) of the Act were a reference to a Chair of a Safeguarding Panel.

(2) Regulation 6 shall apply to any person appointed Chair of a Safeguarding Panel in accordance with regulation 22(a) as if any reference to the Department were a reference to the Safeguarding Board.

Tenure of office of Chair and members of Safeguarding Panels

25.—(1) A person appointed to a Safeguarding Panel in accordance with regulation 22(b)—

(a)who ceases to hold the qualifying office, shall cease to be a member of the Safeguarding Panel; or

(b)who is suspended from the qualifying office, shall be suspended from membership of the Safeguarding Panel while suspended from that office.

(2) For the purposes of paragraph (1), “the qualifying office” in relation to a member of a Safeguarding Panel means the office which the representative held at the time of becoming a member of the Safeguarding Panel.

(3) Regulation 7(1), (3), (4) and (5) shall apply to any person appointed Chair of a Safeguarding Panel in accordance with regulation 22(a) as if any reference to the Chair of the Safeguarding Board were a reference to a Chair of a Safeguarding Panel and any reference to the Department were a reference to the Safeguarding Board.

(4) Regulation 7(9) and (10) shall apply to a person appointed to a Safeguarding Panel in accordance with regulation 22(b) as if any reference to the Northern Ireland General Practitioners Committee were a reference to a Local Medical Committee and any reference to the Safeguarding Board were a reference to a Safeguarding Panel.

(5) Regulation 7(11) and (12) shall apply to any person appointed to a Safeguarding Panel in accordance with regulation 22(b) as if any reference to the Safeguarding Board were a reference to a Safeguarding Panel.

Resignation of Chair of Safeguarding Panels

26.  A person appointed Chair of a Safeguarding Panel in accordance with regulation 22(a) may resign from office at any time during his term of office by giving not less than 30 days notice in writing to the Safeguarding Board of his intention to do so.

Termination of appointment of Chair of Safeguarding Panels

27.—(1) Where any person appointed Chair of a Safeguarding Panel in accordance with regulation 22(a)—

(a)is absent from meetings of the Safeguarding Panel for more than 6 months consecutively, except for an approved reason;

(b)is convicted of an indictable offence;

(c)becomes disqualified for appointment under regulation 5; or

(d)is incapable of carrying out his functions for reasons of ill health;

the Safeguarding Board shall forthwith, by resolution, declare the office to be vacant and thereupon the office shall become vacant.

(2) In paragraph (1)(a) “approved reason” means a reason approved by the Safeguarding Board.

(3) Where the Safeguarding Board is of the opinion that it is not in the interest of, or conducive to the good management of, the Safeguarding Board or any of its committees that the Chair of a Safeguarding Panel should continue to hold office, it may forthwith remove the Chair by giving that person notice in writing to that effect.

(4) Where a person has been appointed Chair of a Safeguarding Panel in accordance with regulation 22(a) and it comes to the notice of the Safeguarding Board that at the time of the appointment that person was disqualified for appointment under regulation 5, it shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect; and upon receipt of such notification, that person shall be removed and shall cease to act as such Chair of a Safeguarding Panel.

Meetings and proceedings of Safeguarding Panels

28.  The meetings and proceedings of Safeguarding Panels shall be conducted in accordance with the provisions set out in Schedule 3.

Appointment of deputy Chair of Safeguarding Panels

29.—(1) Subject to paragraph (2), the Chair and members of a Safeguarding Panel may appoint one of their number to be deputy Chair for such period as they may specify on appointing him.

(2) Any member so appointed may at any time resign from the office of deputy Chair by giving notice in writing to the Chair.

(3) Where the Chair is, for whatever reason, unable to perform his duties as Chair, the deputy Chair may perform those duties.

Annual report of Safeguarding Panels

30.  A Safeguarding Panel must, in respect of each financial year, prepare and send to the Safeguarding Board a report on the exercise of its functions which shall—

(a)review the Safeguarding Panel’s activities during the year, including details of–

(i)the objectives and priorities which have been agreed with the Board;

(ii)the achievements of the Safeguarding Panel, measured by reference to the objectives and priorities which have been agreed; and

(iii)the effectiveness of what has been done by each of the bodies represented on the Safeguarding Panel to safeguard and promote the welfare of children;

(b)specify any material events affecting performance.

Functions of Safeguarding Panels

31.  The functions of a Safeguarding Panel within the area of that Panel shall include—

(a)co-ordinating the implementation of the Safeguarding Board’s strategic plan for safeguarding and promoting the welfare of children;

(b)monitoring the implementation of the Safeguarding Board’s policies and procedures;

(c)promoting an awareness of the need to safeguard and promote the welfare of children;

(d)implementing any arrangements established by virtue of regulation 38(b) for sharing the findings of case management reviews; and

(e)promoting communication between the Safeguarding Panel and children and young persons.

Staff and premises

32.—(1) The relevant trust shall appoint a person to act as a Safeguarding Panel administrator.

(2) It shall be the duty of the relevant trust, if requested by the Safeguarding Board, to provide the Safeguarding Panel for its area with such accommodation that the trust, with the approval of the Safeguarding Board, considers necessary.

(3) In paragraphs (1) and (2) “relevant trust” means the HSC trust specified in column 2 of Schedule 4 for that Safeguarding Panel.

Expenses of Safeguarding Panels

33.—(1) It shall be the duty of the Safeguarding Board to—

(a)approve such expenses as it considers may reasonably be incurred by the Safeguarding Panel for the purpose of performing its functions; and

(b)make arrangements for the payment of sums equal to such expenses as it has approved.

(2) The Safeguarding Panel shall submit to the Safeguarding Board in such form and by such date as the Safeguarding Board may specify, such estimates of expenditure which it expects to incur for such financial years as the Safeguarding Board may require.

(3) The Safeguarding Board may approve estimates submitted under paragraph (2) with or without modification or subject to such conditions as it thinks fit and may vary such approval or conditions.

(4) It shall be the duty of the Safeguarding Panel not to incur expenses in excess of the expenses approved for the Safeguarding Panel by the Safeguarding Board.

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