Safeguarding Vulnerable Groups Citation and Commencement 1 This Order may be cited as the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 and shall come into operation on 16th June 2008. Interpretation 2 In this Order— “the 2003 Order ” means the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 ; “the 2007 Regulations ” means the Education (Prohibition from Teaching or Working with Children) Regulations (Northern Ireland) 2007 ; “ the Order ” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007; “Care Tribunal” means the Care Tribunal established under Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 ; “disqualification order” means an order of the court under Article 23 or 24 of the 2003 Order . Inclusion in the children’s barred list: persons disqualified from working with children 3 1 This Article applies to a person, other than a person to whom Article 4(1) applies, (“X”)— a who is— i included (otherwise than provisionally) in the list kept under Article 3 of the 2003 Order (persons unsuitable to work with children); ii subject to a disqualification order; or iii included in the list kept for the purposes of the 2007 Regulations (prohibition from teaching etc ); aa who does not meet any of the criteria prescribed for the purposes of paragraph 1 or 2 of Schedule 1 to the Order under the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009; b who has no appeal or review outstanding under the 2003 Order or representations, appeal or revocation outstanding under the 2007 Regulations or in whose case the time limit for making representations or appealing under those Orders has expired; and c who is referred by the Department of Health, Social Services and Public Safety or the Department of Education to IBB, ISA or DBS , as the case may be . 2 DBS must— a include X in the children’s barred list , and b subject to paragraphs (5) and (7), give X the opportunity to make representations as to why X should be removed from the children’s barred list. 3 Regulation 3 (representations) of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations (Northern Ireland) 2008 applies in relation to representations made under paragraph (2)(b) as it applies in relation to representations made under Schedule 1 to the Order. 4 DBS must consider any representations made by X and if it appears to DBS in light of those representations that it is not appropriate for X to be included in the children’s barred list, it must remove X from that list. 5 Part 3 of Schedule 1 to the Order in its application to the functions of DBS under this Article has effect subject to the following modifications— a in paragraph 16(1)— i for “any provision of this Schedule” substitute “Article 3 of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”; and ii for “this Schedule” substitute “that Article”; b after paragraph 16(1) insert— 1A A person to whom Article 3(2)(b) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 applies may make representations as to why he should be removed from the children’s barred list in accordance with that provision only in relation to his engaging in regulated activity relating to children which does not constitute work in a regulated position within the meaning of Article 31 of the 2003 Order. ; c in paragraph 16(2), for “Schedule” substitute “Article 3 of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”; d in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”; e after paragraph 18(4), insert— 4A In sub-paragraph (4), “disqualification decision” means— a a decision of the Department of Health, Social Services and Public Safety— i to include the person (otherwise than provisionally) in the list kept under Article 3 of the 2003 Order, or ii not to remove him from that list; b a decision of the Care Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a); c a decision of the court to make a disqualification order (within the meaning of paragraph 24(6)(b)) in respect of the person; d a decision of the Care Tribunal that the person should continue to remain subject to that disqualification order; e a decision of the Department of Education— i to include the person in the list kept for the purposes of the 2007 Regulations, or ii not to revoke a prohibition ; f a decision of the Care Tribunal not to order the Department of Education to revoke the decision referred to in sub-paragraph (4A)(e). ; and f in paragraph 19(1)(a) and (d) for “any of paragraphs 1 to 5 or 7 to 11”, substitute “Article 3(1) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”. 6 X may appeal to the Care Tribunal against a decision under this Article not to remove him from the children’s barred list and Article 8 of the Order applies in relation to an appeal under this paragraph as it applies in relation to an appeal under paragraph (1) of that Article. 7 Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 1 of Schedule 1 to the Order as it has effect for the purposes of this paragraph is satisfied in relation to that person. Inclusion in the children’s barred list: on transfer from the Pre-Employment Consultancy Service Register 4 1 This Article applies to a person (“Y”)— a who— i is included in the list kept under Article 3 of the 2003 Order on transfer from the Pre-Employment Consultancy Service Register under Article 10 of that Order; ii is not subject to a disqualification order; and iii does not satisfy any of the conditions C to F specified in Part 1 of the Schedule to the 2007 Regulations; b who has no appeal or review outstanding under the 2003 Order or in whose case the time limit for appealing under that Order has expired; and c who is referred by the Department of Health, Social Services and Public Safety or the Department of Education to IBB, ISA or DBS , as the case may be . 2 DBS must consider including Y in the children’s barred list in accordance with paragraphs 3 to 5 of Schedule 1 to the Order. Inclusion in the adults’ barred list: persons considered unsuitable to work with vulnerable adults 5 1 This article applies to a person (“X”)— a who is included (otherwise than provisionally) in the list kept under Article 35 of the 2003 Order (individuals considered unsuitable to work with vulnerable adults); b who has no appeal or review outstanding under the 2003 Order or in whose case the time limit for appealing under that Order has expired; and c who is referred by the Department of Health, Social Services and Public Safety to IBB, ISA or DBS . 2 DBS must— a include X in the adults’ barred list ; and b subject to paragraphs (5) and (7), give X the opportunity to make representations as to why he should be removed from the adults’ barred list. 3 Regulation 3 (representations) of the Safeguarding Vulnerable Groups (Barring Procedure) Regulations (Northern Ireland) 2008 applies in relation to representations made under paragraph (2)(b) as it applies in relation to representations made under Schedule 1 to the Order. 4 DBS must consider any representations made by X and if it appears to DBS in light of those representations that it is not appropriate for X to be included in the adults’ barred list, it must remove X from that list. 5 Part 3 of Schedule 1 to the Order in its application to the functions of DBS under this Article has effect subject to the following modifications— a in paragraph 16(1)— i for “any provision of this Schedule” substitute “Article 5 of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”; and ii for “this Schedule” substitute “that Article”; b after paragraph 16(1) insert— 1A A person to whom Article 5(2)(b) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008 applies may make representations as to why he should be removed from the adults’ barred list in accordance with that provision only in relation to his engaging in regulated activity relating to vulnerable adults which does not constitute work in a care position within the meaning of Article 48(1)(a) and (c) of the 2003 Order. ; c in paragraph 16(2), for “Schedule” substitute “Article 5 of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”; d in paragraph 18(4), for the words “he was included” to “(as the case may be)” substitute “the date of the most recent disqualification decision made in respect of him”; e after paragraph 18(4), insert— 4A In sub-paragraph (4), “disqualification decision” means— a a decision of the Department of Health, Social Services and Public Safety— i to include the person (otherwise than provisionally) in the list kept under Article 35 of the 2003 Order, or ii not to remove him from that list; or b a decision of the Care Tribunal not to direct the person’s removal from the list referred to in sub-paragraph (4A)(a). ; and f in paragraphs 19(1)(a) and (d) for “any of paragraphs 1 to 5 or 7 to 11”, substitute “Article 5(1) of the Safeguarding Vulnerable Groups (Transitional Provisions) Order (Northern Ireland) 2008”. 6 X may appeal to the Care Tribunal against a decision under this Article not to remove him from the adults’ barred list and Article 8 of the Order applies in relation to an appeal under this paragraph as it applies to an appeal under paragraph (1) of that Article. 7 Paragraph (2)(b) does not apply to a person if any of the criteria prescribed for the purposes of paragraph 7 of Schedule 1 to the Order as it has effect for the purposes of this paragraph is satisfied in relation to that person. Inclusion in the adults’ barred list: on transfer from the Pre-Employment Consultancy Service Register 6 1 This Article applies to a person (“Y”)— a who— i is included in the list kept under Article 35 of the 2003 Order on transfer from the Pre-Employment Consultancy Service Register under Article 41 of that Order; ii is not subject to a disqualification order; and iii does not satisfy any of the conditions C to F specified in Part 1 of the Schedule to the 2007 Regulations; b who has no appeal or review outstanding under the 2003 Order or in whose case the time limit for appealing under that Act has expired; and c who is referred by the Department of Health, Social Services and Public Safety to IBB, ISA or DBS , as the case may be . 2 DBS must consider including Y in the adults’ barred list in accordance with paragraphs 9 to 11 of Schedule 1 to the Order. Paul Goggins Minister of State Northern Ireland Office 6th May 2008