
1 
These Regulations may be cited as the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 and come into operation on 12th October 2009.
2 
In these Regulations—
 “the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
3 
The provision of support, assistance or advice by any person, the purpose of which is to develop an individual’s capacity to live independently in accommodation, or sustain their capacity to do so, is a welfare service prescribed for the purpose of Article 3(1)(g) of the 2007 Order.
4 
Driving a vehicle, which is being used only for the purpose of conveying children and any person supervising or caring for them, is a regulated activity under paragraph 2(1)(f) of Schedule 2 to the 2007 Order in the following circumstances—
(a) a person (P) makes an arrangement (under a contract or otherwise) for children to be conveyed in a vehicle;
(b) the arrangement is made between P and a person (B) or between P and a person with whom B is engaging in any form of work (whether or not for gain); and
(c) B drives the vehicle and conveys the children pursuant to that arrangement.
5 
Driving a vehicle, which is being used only for the purpose of conveying vulnerable adults and any person caring for them, is a regulated activity under paragraph 7(1)(f) of Schedule 2 to the 2007 Order in the following circumstances—
(a) a person (P) makes an arrangement (under a contract or otherwise) for vulnerable adults to be conveyed in a vehicle;
(b) the arrangement is made between P and a person (B) or between P and a person with whom B is engaging in any form of work (whether or not for gain); and
(c) B drives the vehicle and conveys the vulnerable adults pursuant to that arrangement.
6 

(1) The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 are amended in accordance with paragraphs (2) to (5).
(2) In Part 1 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations) insert the following entries at the appropriate place—“
Theft Act 1968, section 9(1)(a) The offence was committed with intent to commit rape”“
Theft Act (Northern Ireland) 1969, section 9 The offence was committed with intent to commit rape”
(3) In Part 2 of the table in paragraph 2 of the Schedule omit “Theft Act 1968, section 9(1)(a)” and “Theft Act (Northern Ireland) 1969, section 9”.
(4) In Part 1 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations) insert the following entries at the appropriate place—“
Theft Act 1968, section 9(1)(a) The offence was committed with intent to commit rape”“
Theft Act (Northern Ireland) 1969, section 9 The offence was committed with intent to commit rape”
(5) In Part 2 of the table in paragraph 4 of the Schedule—
(a) omit “Theft Act 1968, section 9(1)(a)” and “Theft Act (Northern Ireland) 1969, section 9”; and
(b) insert the following entry at the appropriate place—“Sexual Offences (Scotland) Act 1976, section 3”.
Paul Goggins
Minister of State
Northern Ireland Office
1st September 2009