
2010 No. 30
Safeguarding Vulnerable Groups
Safeguarding Vulnerable Groups (Regulated Activity, Devolution Alignment and Miscellaneous Provisions) Order (Northern Ireland) 2010
Made 9th February 2010
Coming into operation 1st April 2010
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 2007.
PART 1 Introduction
Citation and commencement
1 
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.
Interpretation
2 
In this Order—
 “the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
PART 2 Regulated 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 1995, 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);”.
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PART 3 Regulated 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).
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PART 4 The period condition
Regulated activity: the period condition
10 
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 condition
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PART 5 Devolution alignment
Provision of information by the Independent Safeguarding Authority to a police force in England, Wales or Scotland
12 
In Article 52A(1) 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 6 Miscellaneous 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 education
14 
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Amendments to references to the Regulation and Improvement Authority
15 

(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 monitoring
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Educational establishments: check on members of governing body
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Monitoring application
18 
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Monitoring: additional fees
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Vetting information
20 
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Notification of cessation of monitoring
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Registers
22 
In Article 43 (Registers: duty to refer)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 
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Paul Goggins
Minister of State
Northern Ireland Office
9th February 2010