
PART 1
1 
This Order may be cited as the Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009 and comes into operation on 12th October 2009.
2 

(1) In this Order—
 “the 1999 Act” means the Protection of Children Act 1999;
 “the 2000 Act” means the Care Standards Act 2000;
 “the 2002 Act” means the Education Act 2002;
 “the 2003 Act” means the Protection of Children (Scotland) Act 2003;
 “the 2003 Order” means the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
 “the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006;
 “the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007;
 “the 2007 Regulations” means the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007;
 “relevant person” means a person who immediately before the relevant day—
(a) is engaging in regulated activity with the permission of a regulated activity provider, and
(b) is not included in the list kept under Article 3 or 35 of the 2003 Order or the list kept under regulation 8 of the 2007 Regulations or barred from regulated activity;
 “relevant day” means the first day on which a person may make a monitoring application;
 “the first transitional period” means the period starting on and including the day on which this Order comes into operation and ending immediately before the relevant day;
 “the second transitional period” means the period starting on and including the relevant day and ending on and including the day on which—
(c) Schedule 7 comes into operation in relation to the Education and Libraries (Northern Ireland) Order 1986;
(d) Schedule 8 to the 2007 Order comes into operation in relation to the 2003 Order for all purposes;
(e) Schedule 10 to the 2006 Act comes into force in relation to the 1999 Act, the 2000 Act and the 2002 Act for all purposes; and
(f) Schedule 4 to the Protection of Vulnerable Groups (Scotland) Act 2007 comes into force in relation to the 2003 Act.
 “the third transitional period” means the period starting on and including the day on which this Order comes into operation and ending on and including the day on which Article 28 of the 2007 Order comes into operation in relation to relevant persons.
3 
12th October 2009 is the day appointed for the coming into operation of the following provisions of the 2007 Order—
(a) paragraph 3 of Schedule 7;
(b) Schedule 8 in so far as it relates to the repeal of sections 113C, D and F of the Police Act 1997;
(c) Article 60 in so far as it relates to the provisions specified in paragraphs (a) and (b).
4 
The Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 is revoked.
PART 2
5 
Articles 6 to 10 apply during the first transitional period.
6 

(1) Section 113BA of the Police Act 1997 has effect subject to the following modification.
(2) For subsection (2) substitute—“
(2) Suitability information relating to children is whether the applicant is—
(a) barred from regulated activity relating to children;
(b) provisionally included in the list kept under Article 3 of the 2003 Order;
(c) included in the list kept under Article 3 of the 2003 Order otherwise than provisionally and disqualified from working with children for the purposes of Article 30 of that Order;
(d) included in the list kept under regulation 8 of the 2007 Regulations;
(e) provisionally included in the list kept under section 1 of the 1999 Act;
(f) included in the list kept under section 1 of the 1999 Act otherwise than provisionally and disqualified from working with children for the purposes of section 35 of the 2000 Act;
(g) subject to a direction made under section 142 of the 2002 Act;
(h) provisionally included in the list kept under section 1(1) of the 2003 Act;
(i) included in the list kept under section 1(1) of the 2003 Act and disqualified from working with children for the purposes of section 17 of that Act.
(2A) If the applicant is provisionally included in the list kept under—
(a) Article 3 of the 2003 Order, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with Article 16 of that Order; or
(b) section 1 of the 1999 Act, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with section 7 of that Act.
(2B) If the applicant is subject to a direction made under section 142 of the 2002 Act, the suitability information includes—
(a) details of any prohibition or restriction on the applicant’s employment;
(b) the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.
(2C) In subsection (2A)(a), “childcare position” and “childcare organisation” have the same meaning as in Article 20 of the 2003 Order.
(2D) In subsection (2A)(b), “childcare position” and “childcare organisation” have the same meaning as in section 12 of the 1999 Act.”.
7 

(1) Section 113BB of the Police Act 1997 has effect subject to the following modification.
(2) For subsection (2) substitute—“
(2) Suitability information relating to vulnerable adults is whether the applicant is—
(a) barred from regulated activity relating to vulnerable adults;
(b) provisionally included in the list kept under Article 35 of the 2003 Order;
(c) included in the list kept under Article 35 of the 2003 Order otherwise than provisionally and prohibited from working in a care position.
(d) provisionally included in the list kept under section 81 of the 2000 Act;
(e) included in the list kept under section 81 of the 2000 Act otherwise than provisionally and prohibited from working in a care position.
(2A) If the applicant is provisionally included in the list kept under—
(a) Article 35 of the 2003 Order, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with Article 46 of that Order; or
(b) section 81 of the 1999 Act, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with section 89 of that Act.
(2B) In subsections (2)(c) and (2A)(a), “care position” has the same meaning as in Article 48 of the 2003 Order.
(2C) In subsections (2)(e) and (2A)(b), “care position” has the same meaning as in Part 7 of the 2000 Act.”.
8 

(1) Section 119 of the Police Act 1997 has effect subject to the following modification.
(2) In subsection (1A), for “any person who keeps a list mentioned in section 113C(3) or 113D(3) above” substitute “any person who keeps a list under Article 3 of the 2003 Order, regulation 8 of the 2007 Regulations, section 1 of the 1999 Act, section 1(1) of the 2003 Act, Article 35 of the 2003 Order or section 81 of the 2000 Act; or maintains a list under Article 6 of the 2007 Order or section 2 of the 2006 Act.”.
9 

(1) Section 120A of the Police Act 1997 has effect subject to the following modification.
(2) In subsection (3)(b), for “list mentioned in section 113C(3) or 113D(3)” substitute “list kept under Article 3 of the 2003 Order, regulation 8 of the 2007 Regulations, section 1 of the 1999 Act, section 1(1) of the 2003 Act, Article 35 of the 2003 Order or section 81 of the 2000 Act; or maintained under Article 6 of the 2007 Order or section 2 of the 2006 Act.”.
10 

(1) Schedule 1 to the 2007 Order has effect subject to the following modifications.
(2) In paragraph 1, for sub-paragraphs (2) and (3) substitute—“
(2) If IBB is satisfied that this paragraph applies to the person, it must include the person in the children’s barred list.”.
(3) In paragraph 2, for sub-paragraphs (2) and (3) substitute—“
(2) If IBB is satisfied that this paragraph applies to the person, it must—
(a) include the person in the children’s barred list;
(b) give the person an opportunity to make representations as to why the person should be removed from the children’s barred list.”.
(4) In paragraph 7, for sub-paragraphs (2) and (3) substitute—“
(2) If IBB is satisfied that this paragraph applies to the person, it must include the person in the adults’ barred list.”.
(5) In paragraph 8, for sub-paragraphs (2) and (3) substitute—“
(2) If IBB is satisfied that this paragraph applies to the person, it must—
(a) include the person in the adults’ barred list;
(b) give the person an opportunity to make representations as to why the person should be removed from the adults’ barred list.”.
PART 3
11 
Articles 12 and 13 apply during the second transitional period.
12 

(1) Section 113BA of the Police Act 1997 has effect subject to the following modification.
(2) For subsection (2) substitute—“
(2) Suitability information relating to children is—
(a) whether the applicant is included in the list kept under Article 3 of the 2003 Order;
(b) whether the applicant is included in the list kept under regulation 8 of the 2007 Regulations;
(c) whether the applicant is included in the list kept under section 1 of the 1999 Act;
(d) whether the applicant is subject to a direction made under section 142 of the 2002 Act;
(e) whether the applicant is included in the list kept under section 1(1) of the 2003 Act;
(f) whether the applicant is barred from regulated activity relating to children;
(g) if the applicant is barred from such regulated activity, such details as are prescribed of the circumstances in which he became barred;
(h) whether the applicant is subject to monitoring in relation to regulated activity relating to children;
(i) whether the Independent Barring Board is considering whether to include the applicant in the children’s barred list in pursuance of paragraph 3 or 5 of Schedule 1 to the 2007 Order.
(2A) If the applicant is included in the list kept under—
(a) Article 3 of the 2003 Order, the suitability information includes whether the inclusion is provisional and—
(i) if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with Article 16 of that Order;
(ii) if it is not provisional, the fact that the applicant is disqualified from working with children for the purposes of Article 30 of that Order.
(b) regulation 8 of the 2007 Regulations, the suitability information includes the fact that the applicant is disqualified from working with children for the purposes of Article 30 of the 2003 Order.
(c) section 1 of the 1999 Act, the suitability information includes whether the inclusion is provisional and—
(i) if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a childcare position with a childcare organisation in accordance with section 7 of that Act;
(ii) if it is not provisional, the fact that the applicant is disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000.
(d) section 1(1) of the 2003 Act, the suitability information includes whether the inclusion is provisional and, if it is not provisional, the fact that the applicant is disqualified from working with children for the purposes of section 17 of that Act.
(2B) If the applicant is subject to a direction made under section 142 of the 2002 Act, the suitability information includes—
(a) details of any prohibition or restriction on the applicant’s employment;
(b) the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.
(2C) In subsection (2A)(a)(i), “childcare position” and “childcare organisation” have the same meaning as in Article 20 of the 2003 Order.
(2D) In subsection (2A)(c)(i), “childcare position” and “childcare organisation” have the same meaning as in section 12 of the 1999 Act.”.
13 

(1) Section 113BB of the Police Act 1997 has effect subject to the following modification.
(2) For subsection (2) substitute—“
(2) Suitability information relating to vulnerable adults is—
(a) whether the applicant is included in the list kept under Article 35 of the 2003 Order;
(b) whether the applicant is included in the list kept under section 81 of the 2000 Act;
(b) whether the applicant is barred from regulated activity relating to vulnerable adults;
(c) if the applicant is barred from such regulated activity, such details as are prescribed of the circumstances in which he became barred;
(d) whether the applicant is subject to monitoring in relation to regulated activity relating to vulnerable adults;
(e) whether the Independent Barring Board is considering whether to include the applicant in the adults’ barred list in pursuance of paragraph 9 or 11 of Schedule 1 to the 2007 Order.
(2A) If the applicant is included in the list kept under—
(a) Article 35 of the 2003 Order, the suitability information includes whether the inclusion is provisional and—
(i) if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position in accordance with Article 46 of that Order;
(ii) if it is not provisional, the fact that the applicant is prohibited from working in a care position.
(b) section 81 of the 2000 Act, the suitability information includes whether the inclusion is provisional and—
(i) if it is provisional, the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position;
(ii) if it is not provisional, the fact that the applicant is prohibited from working in a care position.
(2B) In subsections (2A)(a)(i) and (2A)(a)(ii), “care position” has the same meaning as in Article 48 of the 2003 Order.
(2C) In subsections (2A)(b)(i) and (2A)(b)(ii), “care position” has the same meaning as in Part 7 of the 2000 Act.”.
PART 4
14 
Articles 15 and 16 apply during the first transitional period and second transitional period.
15 

(1) Section 116 of the Police Act 1997 has effect subject to the following modification.
(2) For subsection (3) substitute—“
(3) Section 113B(3) to (11) and sections 113BA, 113BB and 113E, as modified by the Safeguarding Vulnerable Groups (Regulated Activity, Transitional Provisions and Commencement No. 4) Order (Northern Ireland) 2009, shall apply in relation to this section with any necessary further modifications.”.
16 

(1) The Teachers’ Superannuation Regulations (Northern Ireland) 1998 have effect subject to the modifications set out in this Article.
(2) In regulation E4 a person also falls within Case C if the requirements of paragraph (4) of that regulation are met and—
(a) the Department of Education has notified the person in writing that the requirement specified in paragraph (3) is met; or
(b) the requirement specified in paragraph (4) is met.
(3) The requirement is that IBB has not included, and is not considering including, the person in a barred list.
(4) The requirement is that IBB has included, or is considering including, the person in a barred list but the Department of Education is satisfied that there are exceptional circumstances relating to the person which make it appropriate that he should fall within Case C.
(5) Accordingly, in Case C the entitlement takes effect—
(a) where, immediately before the person became incapacitated he was in excluded employment, on the day after the last day of his excluded employment; and
(b) in any other case, as soon as the person falls within the Case or as soon as the person would have fallen within the Case had there not been a requirement that the Department of Education notify that person that the requirement specified in paragraph (3) is met.
(6) In paragraph (5) “excluded employment” has the same meaning as in the Teachers’ Superannuation Regulations (Northern Ireland) 1998.
PART 5
17 

(1) Article 18 applies from the coming into operation of this Order until the end of the first transitional period.
(2) Article 19 applies from the coming into operation of this Order until the end of the second transitional period or the third transitional period, whichever is the later.
(3) Articles 20 and 21 apply from the coming into operation of this Order until the end of the third transitional period.
18 
A person who holds records of convictions or cautions for the use of police forces generally must make those records available to IBB.
19 

(1) IBB may provide to either of the persons specified in paragraph (2) any information specified in paragraph (3).
(2) The persons are—
(a) the Department of Education for the purposes of its functions under the Teachers’ Superannuation Regulations (Northern Ireland) 1998;
(b) the Secretary of State for the purposes of his functions under Part 5 of the Police Act 1997; and
(c) the Scottish Ministers for the purposes of their functions under Part 5 of the Police Act 1997.
(3) The information is—
(a) information provided to IBB under paragraph 20 of Schedule 1 to the 2007 Order;
(b) the fact that a person is included in a barred list;
(c) the fact that IBB is considering including a person in a barred list;
(d) the personal details of any person referred to in sub-paragraph (b) or (c);
(4) In paragraph (3) “personal details” includes the name (including any former name or alias), address, gender and date of birth of a person together with such further details as IBB considers are necessary to identify the person in question.
(5) IBB may, at the request of a person (X) who meets the requirement specified in paragraph (6), inform that person whether a person (Y) is included in a barred list.
(6) The requirement is that X satisfies IBB that X has a legitimate interest in knowing whether Y falls within paragraph (5).
(7) If IBB—
(a) knows or thinks that a person appears on the register of teachers maintained under Article 35 of the Education (Northern Ireland) Order 1998, and
(b) becomes aware of relevant information relating to that person,
it must provide that information to the General Teaching Council for Northern Ireland.
(8) In paragraph (7) “relevant information” is information which—
(a) relates to the protection of children or vulnerable adults in general, or
(b) is relevant to the exercise of any function of the General Teaching Council for Northern Ireland,
and includes information specified in paragraph (3).
20 

(1) The Department of Health, Social Services and Public Safety may, at the request of a person (X) who meets the requirement specified in paragraph (2), inform that person whether a person (Y) is included in the list kept under Article 3 or 35 of the 2003 Order.
(2) The requirement is that X satisfies the Department of Health, Social Services and Public Safety that X has a legitimate interest in knowing whether Y is included in the list kept under Article 3 or 35 of the 2003 Order.
21 

(1) The Department of Education may, at the request of a person (X) who meets the requirement specified in paragraph (2), inform that person whether a person (Y) is included in the list kept under regulation 8 of the 2007 Regulations.
(2) The requirement is that X satisfies the Department of Education that X has a legitimate interest in knowing whether Y is included in the list kept under regulation 8 of the 2007 Regulations.
22 

(1) In relation to conduct engaged in during the relevant period, paragraph 3(4) of Schedule 1 to the 2007 Order has effect as if the words “before the commencement of Article 6” were omitted.
(2) “Relevant period” means the period—
(a) starting on and including the day on which this Order comes into operation; and
(b) ending with the coming into operation of the repeal by the 2007 Order of Articles 23 and 24 of the 2003 Order.
PART 6
23 

(1) Paragraph 3 of Schedule 2 to the 2007 Order is amended in accordance with paragraph (2).
(2) After sub-paragraph 3(2) insert—“
(3) But premises on which a person acts as child minder or provides day care are not relevant childcare premises if the premises are the home of a parent of at least one child to whom the day care or child minding is provided.
(4) For the purposes of paragraph (3) “parent” includes any person who has parental responsibility for a child or who has care of a child.
(5) “Parental responsibility” has the same meaning as in the Children Order.”.
24 

(1) Paragraph 4 of Schedule 2 to the 2007 Order is amended in accordance with paragraphs (2) to (6).
(2) In sub-paragraph (1)(a), after “member of” insert “or secretary to”.
(3) In sub-paragraph (1), after paragraph (a) insert—“
(aa) person co-opted by the voting members of a Board of Governors of a grant-aided school under Articles 122 and 139 of the Education Reform (Northern Ireland) Order 1989 (NI 20) to be a member of the Board of Governors of the school;”.
(4) In sub-paragraph (1), after paragraph (b) insert—“
(bb) chief executive officer of a HSC body;”.
(5) In sub-paragraph (1), after paragraph (j) insert—“
(k) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to children.”.
(6) After sub-paragraph (1) insert—“
(1A) For the purposes of sub-paragraph (1)(a), a person is a secretary to the governing body of an educational establishment mentioned in Article 12(5) if—
(a) the person is appointed in accordance with a scheme of management as mentioned in Article 9A or 9B of the Education and Libraries (Northern Ireland) Order 1986 (NI 3) as a secretary to the governing body of a grant-aided school, or
(b) the person is appointed in relation to the governing body of any other educational establishment mentioned in Article 12(5) and has functions similar to those of a person falling within paragraph (a).
(1B) For the purposes of sub-paragraph (1)(k) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Article 12 of the 2003 Order.”.
PART 7
25 

(1) Paragraph 8 of Schedule 2 is amended in accordance with paragraphs (2) to (4).
(2) In sub-paragraph (1), after paragraph (a) insert—“
(aa) chief executive officer of a HSC body;”.
(3) In sub-paragraph (1), after paragraph (e) insert—“
(f) an individual carrying on or managing a regulated establishment or agency which provides care, accommodation or services wholly or mainly for or in relation to vulnerable adults.”.
(4) After sub-paragraph (3) insert—“
(4) For the purposes of sub-paragraph (1)(f) an establishment or agency is a regulated establishment or agency if the person carrying it on or managing it is required to be registered in respect of it under Article 12 of the 2003 Order.”.
Paul Goggins
Minister of State
Northern Ireland Office
1st September 2009