
2009 No. 305
Safeguarding Vulnerable Groups
The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009
Made 1st September 2009
Coming into operation 12th October 2009
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 2007.
Citation and commencement
1 
This Order may be cited as the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Order (Northern Ireland) 2009 and comes into operation on 12th October 2009.
Interpretation
2 
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 1995.
Vulnerable Adults
3 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exceptions – regulated activity relating to children
4 

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The fostering of a child (C) is not to be treated as a regulated activity where—
(a) a person (F) is  barred from engaging in regulated activity relating to children ;
(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  barred from engaging in regulated activity relating to children .
Exception – regulated activity relating to vulnerable adults
5 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Barred Lists
6 
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 2006; and
(ii) section 1(1) of the Protection of Children (Scotland) Act 2003 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 2007
7 

(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) 2009—
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)”.
Paul Goggins
Minister of State
Northern Ireland Office
1st September 2009