The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

• Citation: S.I. 2007/1351 (N.I.)
• Sections: 139

Section 1 Title and commencement

(1) This Order may be cited as the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

(2) This Article and Articles 2 to 4, 58 and 61 come into operation two weeks after the day on which this Order is made.

(3) The other provisions of this Order come into operation on such day or days as the Secretary of State may by order appoint.

Section 2 Interpretation

(1) Subject to Article 22(1), the Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2A) In this Order—

“ the 1972 Order ” means the Health and Personal Social Services (Northern Ireland) Order 1972 ( NI 14);

“ the 2003 Order ” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (NI 9);

“ adult ” means a person who has attained the age of 18;

“the adults' barred list” must be construed in accordance with Article 6(1)(b);

“ barred list ” means the children's barred list or the adults' barred list;

“ child ” means a person who has not attained the age of 18;

“ the Children Order ” means the Children (Northern Ireland) Order 1995 (NI 2);

“the children's barred list” must be construed in accordance with Article 6(1)(a);

“ employment agency ” and “ employment business ” must be construed in accordance with Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20);

“ HSC body ” means any of the following (see the Health and Social Care (Reform) Act (Northern Ireland) 2009 for the bodies mentioned in paragraphs (b) to (e)) —

the Department of Health;

the Regional Agency for Public Health and Social Well-being;

a HSC trust;

a special agency;

the Patient and Client Council;

“ DBS ” must be construed in accordance with Article 5;

...

“ social care ” has the same meaning as in the 1972 Order;

“ personnel supplier ” means—

a person carrying on an employment agency or an employment business, or

an educational institution which supplies to another person a student who is following a course at the institution, for the purpose of enabling the student to obtain experience of engaging in regulated ... activity;

“ prescribed ” means prescribed by regulations made by the Secretary of State;

“ RQIA ” means the Health and Social Care Regulation and Quality Improvement Authority;

“statutory provision” must be construed in accordance with section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c,33);

“supervisory authority” must be construed in accordance with Article 47(7);

“vulnerable adult” means any adult to whom an activity which is a regulated activity relating to vulnerable adults by virtue of any paragraph of paragraph 7(1) of Schedule 2 is provided .

(2) A reference (however expressed) to a person being barred must be construed in accordance with Article 7.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this Order affects any power to provide information which exists apart from this Order.

Section 3 Vulnerable adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4 Family and personal relationships

(1) This Order does not apply to any activity which is carried out in the course of a family relationship.

(2) This Order does not apply to any activity which is carried out—

(a) in the course of a personal relationship, and

(b) for no commercial consideration.

(3) A family relationship includes a relationship between two persons who—

(a) live in the same household, and

(b) treat each other as though they were members of the same family.

(4) A personal relationship is a relationship between or among friends.

(5) A friend of a person (A) includes a person who is a friend of a member of A's family.

(6) The Secretary of State may by order provide that an activity carried out in specified circumstances either is or is not—

(a) carried out in the course of a family relationship;

(b) carried out in the course of a personal relationship.

Section 5 The Disclosure and Barring Service

In this Order references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.

Section 6 Barred lists

(1) DBS must ... maintain—

(a) the children's barred list;

(b) the adults' barred list.

(2) Part I of Schedule 1 applies for the purpose of determining whether an individual is included in the children's barred list.

(3) Part II of that Schedule applies for the purpose of determining whether an individual is included in the adults' barred list.

(4) Part III of that Schedule contains supplementary provision.

(5) In respect of an individual who is included in a barred list, DBS must keep other information of such description as is prescribed.

Section 7 Barred persons

(1) A reference to a person being barred from regulated activity must be construed in accordance with this Article.

(2) A person is barred from regulated activity relating to children if he is—

(a) included in the children's barred list; or

(b) included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the children's barred list.

(3) A person is barred from regulated activity relating to vulnerable adults if he is—

(a) included in the adults' barred list; or

(b) included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to the adults' barred list.

Section 8 Appeals

(1) An individual who is included in a barred list may appeal to the Care Tribunal against—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a decision under paragraph 2, 3, 5, 8, 9 or 11 of Schedule 1 to include him in the list;

(c) a decision under paragraph 17 , 18 or 18A of that Schedule not to remove him from the list.

(2) An appeal under paragraph (1) may be made only on the grounds that DBS has made a mistake—

(a) on any point of law;

(b) in any finding of fact which it has made and on which the decision mentioned in that paragraph was based.

(3) For the purposes of paragraph (2), the decision whether or not it is appropriate for an individual to be included in a barred list is not a question of law or fact.

(4) An appeal under paragraph (1) may be made only with the leave of the Care Tribunal.

(5) Unless the Care Tribunal finds that DBS has made a mistake of law or fact, it must confirm the decision of DBS .

(6) If the Care Tribunal finds that DBS has made such a mistake it must—

(a) direct DBS to remove the person from the list, or

(b) remit the matter to DBS for a new decision.

(7) If the Care Tribunal remits a matter to DBS under paragraph (6)(b)—

(a) the Care Tribunal may set out any findings of fact which it has made (on which DBS must base its new decision); and

(b) the person must be removed from the list until DBS makes its new decision, unless the Care Tribunal directs otherwise.

(8) In this Article “ the Care Tribunal ” means the Tribunal established under Article 44 of the 2003 Order.

Section 9 Regulated activity

(1) A reference to regulated activity relating to children must be construed in accordance with Part I of Schedule 2.

(2) A reference to regulated activity relating to vulnerable adults must be construed in accordance with Part II of that Schedule.

(3) The Secretary of State may by order amend that Schedule, or any of the modifications of that Schedule in the provisions mentioned in paragraph (4), so as to vary the meaning of—

(a) regulated activity relating to children;

(b) regulated activity relating to vulnerable adults.

(4) The provisions are—

(a) Article 11(5),

(b) Article 13(5),

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) Article 23(8),

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 10 Regulated activity providers

(1) A reference to a regulated activity provider must be construed in accordance with this Article.

(2) A person (P) is a regulated activity provider if—

(a) he is responsible for the management or control of regulated activity,

(b) if the regulated activity is carried out for the purposes of an organisation, his exercise of that responsibility is not subject to supervision or direction by any other person for those purposes, and

(c) he makes, or authorises the making of, arrangements (whether in connection with a contract of service or for services or otherwise) for another person to engage in that activity.

(3) A person (P) is also a regulated activity provider if Article 55(4) (fostering) so provides.

(4) A person (P) is also a regulated activity provider if he carries on a scheme—

(a) under which an individual agrees with P to provide care or support (which may include accommodation) to an adult who is in need of it, and

(b) in respect of which a requirement to register arises under Article 12 of the 2003 Order.

(5) P is not a regulated activity provider if he is an individual and the arrangements he makes are private arrangements.

(6) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, P himself.

(7) Arrangements are private arrangements if the regulated activity is for, or for the benefit of, a child or vulnerable adult who is—

(a) a member of P's family;

(b) a friend of P.

(8) A person does not make arrangements for another to engage in a regulated activity merely because he (alone or together with others) appoints that person—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) as a controller under Article 101 of the Mental Health (Northern Ireland) Order 1986 (NI 4);

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to any position mentioned in paragraph 7(3E)(a) or (c) of Schedule 2 or to exercise any function exercisable by virtue of that position .

(8A) An authority that is an authority for the purposes of section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c.6) or Article 18C of the Children Order (direct payments) does not make arrangements for another to engage in a regulated activity by virtue of anything the authority does under that section or Article.

(9) For the purposes of paragraph (7) it is immaterial whether P is also acting in any capacity other than as a family member or friend.

(10) If a regulated activity provider is an unincorporated association any requirement of or liability (including criminal liability) under this Order must be taken to be a requirement on or liability of—

(a) the person responsible for the management and control of the association, or

(b) if there is more than one such person, all of them jointly and severally.

(11) “ Family ” and “ friend ” must be construed in accordance with Article 4.

(12) The Secretary of State may by order provide that in specified circumstances a person who makes, or authorises the making of, arrangements (of any description) for another to engage in regulated activity either is or is not a regulated activity provider.

Section 11 Barred person not to engage in regulated activity

(1) An individual commits an offence if he—

(a) seeks to engage in regulated activity from which he is barred;

(b) offers to engage in regulated activity from which he is barred;

(c) engages in regulated activity from which he is barred.

(2) A person guilty of an offence under paragraph (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(3) It is a defence for a person charged with an offence under paragraph (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.

(4) It is a defence for a person charged with an offence under paragraph (1) to prove—

(a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that he engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this Article, Schedule 2 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 12 Person not to engage in regulated activity unless subject to monitoring

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 13 Use of barred person for regulated activity

(1) A person commits an offence if—

(a) he permits an individual (B) to engage in regulated activity from which B is barred,

(b) he knows or has reason to believe that B is barred from that activity; and

(c) B engages in that activity.

(2) A personnel supplier commits an offence if—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c) he knows or has reason to believe that B is barred from that activity.

(3) A person guilty of an offence under this Article is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(4) It is a defence for a person charged with an offence under this Article to prove—

(a) that he reasonably thought that it was necessary for the barred person to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),

(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and

(c) that the barred person engaged in the activity for no longer than was necessary for that purpose.

(5) For the purposes of this Article, Schedule 2 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 14 Use of person not subject to monitoring for regulated activity

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 15 Regulated activity provider: failure to check

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 16 Personnel suppliers: failure to check

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 17 Educational establishments: check on members of governing body

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 18 Office holders: offences

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 19 Articles 17 and 18: checks

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 20 Exception to requirement to make monitoring check

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 21 HSS employment

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 22 Offences: companies, etc.

(1) For the purposes of an offence under Article 13 ...or 40 ..., section 20(2) of the Interpretation Act (Northern Ireland) 1954 (c. 33) applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(2) If an offence under Article 13 ...or 40 ... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a partner, or

(b) a person purporting to act as a partner,

he (as well as the partnership) commits the offence.

Section 23 Offences: other persons

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person commits an offence if, in the course of acting or appearing to act on behalf of a personnel supplier—

(a) he supplies an individual (B) to another (P),

(b) he knows or has reason to believe that P will make arrangements for B to engage in regulated activity from which B is barred, and

(c) he knows or has reason to believe that B is barred from the activity.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A person guilty of an offence under paragraph (2) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) For the purpose of paragraph (2)(b) , Schedule 2 is modified as follows—

(a) in paragraph 1, sub-paragraphs (1)(b) and (2)(a) must be disregarded;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 24 Article 23: exclusions and defences

(1) A person does not commit an offence under Article 23 if B has not attained the age of 16.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 25 Controlled activity relating to children

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 26 Controlled activity relating to vulnerable adults

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 27 Controlled activity: regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28 Monitoring

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 28A Monitoring: power to prescribe additional fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29 Monitoring fees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 30 Ceasing monitoring

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 31 Prohibition of requirement to produce certain records

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 32 Provision of vetting information

(1) The Secretary of State must provide a person (A) with the information mentioned in paragraph (4) in relation to another (B) if—

(a) A makes an application for the information,

(b) the application contains the appropriate declaration, and

(c) the Secretary of State has no reason to believe that the declaration is false.

(2) The appropriate declaration is a declaration by A—

(a) that he falls within column 1 of the table in Schedule 5 ,

(aa) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults,

(ab) whether the information is sought by A with a view to permitting or supplying B to carry out paid activity or with a view to making a check in accordance with Article 19(2)(a) in relation to the appointment of B to a position in which B will carry out paid activity, and

(b) that B has consented to the provision of the information to A.

(2A) The Secretary of State may refuse to provide A with the information if B has failed to pay a fee required by Article 28A.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The information is—

(a) if A's declaration states that column 2 of the relevant entry refers to children, relevant information relating to children, and

(b) if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, relevant information relating to vulnerable adults.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If B consents to the provision of information to A in relation to an application under this Article, the consent also has effect in relation to any subsequent such application by A.

(6A) “ Paid activity ” means an activity carried out for financial gain.

(6B) The Secretary of State may by regulations provide for an activity to be treated as, or not to be treated as, an activity carried out for financial gain.

(7) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).

(8) The Secretary of State may by regulations make provision requiring an authority which makes or proposes to make payments to or on behalf of a person in accordance with regulations under Article 18C of the Children Order or section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (c. 6) to inform the person of his right to obtain relevant information under this Article.

Section 33 Meaning of relevant information in Article 32

(1) This Article has effect for the purposes of Article 32.

(2) Relevant information relating to children is—

(a) whether B is subject to monitoring in relation to regulated activity relating to children, and

(b) if so, whether he is undergoing assessment.

(3) Relevant information relating to vulnerable adults is—

(a) whether B is subject to monitoring in relation to regulated activity relating to vulnerable adults, and

(b) if so, whether he is undergoing assessment.

(4) B is undergoing assessment if—

(a) the Secretary of State is required to notify B as mentioned in Article 28(4) in connection with B's monitoring application but has not yet done so;

(b) B has made a simultaneous application under section 113B of the Police Act 1997 but the Secretary of State has not yet issued an enhanced criminal record certificate under that section;

(c) in relation to paragraph (2)(b), IBB is considering whether to include B in the children's barred list in pursuance of paragraph 3 or 5 of Schedule 1;

(d) in relation to paragraph (3)(b), IBB is considering whether to include B in the adults' barred list in pursuance of paragraph 9 or 11 of that Schedule.

(5) In paragraph (4)(b) “ simultaneous application ” means an application made simultaneously with B's monitoring application under Article 28.

(6) The Secretary of State may by order amend the preceding provisions of this Article for the purpose of altering the meaning of relevant information relating to children or vulnerable adults (as the case may be).

Section 34 Notification of cessation of monitoring

(1) The Secretary of State must establish and maintain a register for the purposes of this Article.

(2) The Secretary of State must register a person (A) in relation to another (B) if—

(a) A makes an application to be registered in relation to B,

(b) the application contains the appropriate declaration,

(c) the Secretary of State has no reason to believe that the declaration is false, and

(d) B is subject to monitoring in relation to the regulated activity to which the application relates.

(3) The appropriate declaration is a declaration by A—

(a) that he falls within column 1 of the table in Schedule 5 ,

(aa) that column 2 of the entry by virtue of which A falls within column 1 refers to children or (as the case may be) vulnerable adults, and

(b) that B has consented to the application.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A's application and registration relate—

(a) if A's declaration states that column 2 of the relevant entry refers to children, to regulated activity relating to children;

(b) if A's declaration states that column 2 of the relevant entry refers to vulnerable adults, to regulated activity relating to vulnerable adults.

(6) The Secretary of State must notify A if B ceases to be subject to monitoring in relation to the regulated activity to which A's registration relates.

(7) The requirement under paragraph (6) is satisfied if notification is sent to any address recorded against A's name in the register.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) If B consents to the provision of information to A under Article 32 the consent also has effect as consent to any application by A to be registered in relation to B under this Article.

(10) The Secretary of State may prescribe the form, manner and contents of an application for the purposes of this Article (including the form and manner of a declaration contained in such an application).

Section 35 Cessation of registration

(1) In this Article references to registration are to registration in the register maintained for the purposes of Article 34.

(2) Once a person is notified as mentioned in paragraph (6) of that Article, his registration ceases.

(3) DBS may cancel a person's registration in such circumstances as are prescribed.

(4) DBS must cancel a person's registration—

(a) if the person applies for it to be cancelled;

(b) in prescribed circumstances, if the person in relation to whom he is registered applies for it to be cancelled.

(5) When a person's registration is cancelled under paragraph (3) or (4)(b), DBS must notify him of that fact.

(6) The requirement under paragraph (5) is satisfied if notification is sent to any address recorded against A's name in the register.

Section 36 Declarations under Articles 32 and 34

(1) An individual commits an offence if, in an application made for the purposes of Article 32 or 34—

(a) he makes a false declaration, and

(b) he either knows that it is false or is reckless as to whether it is false.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 36A Notification of proposal to include person in children's barred list

(1) If ISA proposes to include a person (B) in the children's barred list in the circumstances mentioned in paragraph 3(1) or 5(1) of Schedule 1, it—

(a) must notify any person who is registered in relation to B under Article 34 in relation to regulated activity relating to children, and

(b) may notify any other person who it is satisfied falls within paragraph (2).

(2) The following fall within this paragraph—

(a) any person who is permitting B to engage in regulated activity relating to children,

(b) any responsible person (within the meaning of Article 27) who is permitting B to engage in controlled activity relating to children.

(3) A notification under this Article must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under paragraph (1)(a) is satisfied if notification is sent to any address recorded against that person's name in the register.

Section 36B Notification of proposal to include person in adults' barred list

(1) If ISA proposes to include a person (B) in the adults' barred list in the circumstances mentioned in paragraph 9(1) or 11(1) of Schedule 1, it—

(a) must notify any person who is registered in relation to B under Article 34 in relation to regulated activity relating to vulnerable adults, and

(b) may notify any other person who it is satisfied falls within paragraph (2).

(2) The following fall within this paragraph—

(a) any person who is permitting B to engage in regulated activity relating to vulnerable adults,

(b) any responsible person (within the meaning of Article 27) who is permitting B to engage in controlled activity relating to vulnerable adults.

(3) A notification under this Article must—

(a) explain that ISA has not yet taken a final decision about whether to include B in the barred list, and

(b) include such information as ISA thinks appropriate about its reasons for proposing to include B in the barred list.

(4) The requirement to notify a person under paragraph (1)(a) is satisfied if notification is sent to any address recorded against that person's name in the register.

Section 36C Articles 36A and 36B: notification of outcome

(1) Paragraph (2) applies if ISA—

(a) has notified a person (A) under Article 36A or 36B that it proposes to include another (B) in a barred list, and

(b) includes B in the barred list or decides not to do so.

(2) ISA must notify A that it has included B in the barred list or that it has decided not to do so (as the case may be).

(3) In a case where A is registered in relation to B under Article 34 (or has ceased to be so registered by virtue of B's inclusion in the barred list), the requirement in paragraph (2) is satisfied if notification is sent to any address recorded (or, as the case may be, formerly recorded) against A's name in the register.

Section 37 Regulated activity providers: duty to refer

(1) Paragraph (2) applies to—

(a) a regulated activity provider who holds any prescribed information in relation to a person (P) engaged in regulated activity provided by him;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person to whom this paragraph applies must provide DBS with the information if—

(a) he withdraws permission for P to engage in the activity for a reason mentioned in paragraph (3), or

(b) he does not withdraw permission for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity.

(3) The reasons are that the person to whom paragraph (2) applies thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to P,

(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1), or

(c) that the harm test is satisfied.

(4) The harm test is that P may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(5) For the purposes of paragraph (3)(b), conduct is inappropriate if it appears to the person to whom paragraph (2) applies to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This Article does not apply if the conditions specified in paragraph (2) are fulfilled before the Article is commenced.

Section 38 Personnel suppliers: duty to refer

(1) A personnel supplier must provide DBS with any prescribed information it holds in relation to a person (P) who has been supplied by it to another person if the supplier knows that P has ceased to be engaged in regulated activity ... in the circumstances mentioned in paragraph (2)(a) or (b) of Article 37.

(2) A personnel supplier which is an employment agency or employment business must provide DBS with any prescribed information it holds in relation to a person (P) for whom it acts if—

(a) the agency or business determines to cease to act for P for a reason mentioned in paragraph (4), or

(b) it does not determine to cease to act for P for such a reason but would or might have done so if its arrangement with, or employment of, him had not otherwise come to an end.

(3) A personnel supplier which is an educational institution must provide DBS with any prescribed information it holds in relation to a student (P) following a course at the institution if—

(a) the institution determines to cease to supply P to another person for him to engage in regulated ... activity for a reason mentioned in paragraph (4),

(b) the institution determines that P should cease to follow a course at the institution for a reason mentioned in paragraph (4), or

(c) it does not determine as mentioned in sub-paragraph (a) or (b) for such a reason but would or might have done so if P had not otherwise ceased to engage in the activity or ceased to follow the course.

(4) The reasons are that the personnel supplier thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to P,

(b) that P has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1), or

(c) that the harm test is satisfied.

(5) The harm test is that P may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(6) For the purposes of paragraph (4)(b), conduct is inappropriate if it appears to the personnel supplier to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

(7) An employment agency acts for a person if it makes arrangements with him with a view to—

(a) finding him employment with an employer, or

(b) supplying him to employers for employment by them.

(8) An employment business acts for a person if it employs him to act for and under the control of other persons in any capacity.

(9) In this Article “ employment ” has the same meaning as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20).

(10) This Article does not apply if the conditions specified in paragraph (1), (2) or (3) are fulfilled before the Article is commenced.

Section 39 Regulated activity providers: duty to provide information on request etc.

(1) This Article applies if DBS is considering—

(a) whether to include any person in a barred list;

(b) whether to remove any person from a barred list.

(2) DBS may require—

(a) any regulated activity provider who has made arrangements for that person to engage in regulated activity (whether or not the arrangements are still in place),

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any personnel supplier which is an employment agency or employment business and which acts for or has acted for that person, or

(d) any personnel supplier which is an educational institution and which has supplied that person to another person for him to engage in regulated ... activity,

to provide DBS with any prescribed information he or it holds relating to the person.

(3) An employment agency acts for a person if it makes arrangements with him with a view to—

(a) finding him relevant employment with an employer, or

(b) supplying him to employers for relevant employment by them.

(4) Relevant employment is employment which consists in or involves engaging in regulated ... activity.

(5) An employment business acts for a person if it employs him to engage in regulated ... activity for and under the control of other persons.

(6) In this Article “ employment ” has the same meaning as in Part II of the Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 (NI 20).

Section 40 Duty to provide information: offences

(1) A person commits an offence if—

(a) he is required under Article 37 or 38 or in pursuance of Article 39 to provide information to DBS , and

(b) he fails, without reasonable excuse, to provide the information.

(2) A person guilty of an offence under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 41 The Education Authority and HSC Bodies : power to refer

(1) The Education Authority and an HSC body may provide DBS with any ... information it holds relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the Education Authority or the HSC body thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or

(c) that the harm test is satisfied.

(3) The harm test is that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult,

(e) incite another to harm a child or vulnerable adult.

(4) The second condition is that the Education Authority or the HSC body thinks—

(a) that the person is or has been, or might in future be, engaged in regulated activity ..., and

(b) (except in a case where paragraph 1 or 7 of Schedule 1 applies) that DBS may consider it appropriate for the person to be included in a barred list.

(5) The Education Authority or an HSC body may provide DBS with any ... information it holds relating to a person if—

(a) the Education Authority or the HSC body thinks that a person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and

(b) the condition in paragraph (4) is satisfied.

(6) For the purposes of paragraphs (2)(b) or (5)(a), conduct is inappropriate if it appears to the Education Authority or the HSC body to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

Section 42 The Education Authority and HSC bodies : duty to provide information on request

(1) This Article applies if DBS is considering—

(a) whether to include any person in a barred list;

(b) whether to remove any person from a barred list.

(2) If DBS thinks that the Education Authority or an HSC body holds any prescribed information relating to the person, it may require the Authority or that body to provide it with the information.

(3) The Education Authority or the body must comply with a requirement under paragraph (2).

Section 43 Registers: power to refer

(1) A keeper of a relevant register may provide DBS with any ... information he holds relating to a person if the first and second conditions are satisfied.

(2) The first condition is that the keeper thinks—

(a) that paragraph 1, 2, 7 or 8 of Schedule 1 applies to the person,

(b) that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring after the commencement of this Article, or

(c) that the harm test is satisfied.

(3) The harm test is that the person may—

(a) harm a child or vulnerable adult,

(b) cause a child or vulnerable adult to be harmed,

(c) put a child or vulnerable adult at risk of harm,

(d) attempt to harm a child or vulnerable adult, or

(e) incite another to harm a child or vulnerable adult.

(4) The second condition is that the keeper thinks—

(a) that the person is or has been, or might in future be, engaged in regulated activity ..., and

(b) (except in a case where paragraph 1 or 7 of Schedule 1 applies) that DBS may consider it appropriate for the person to be included in a barred list.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A keeper of a relevant register may provide DBS with any ... information he holds relating to a person if—

(a) he thinks that the person has engaged in relevant conduct (within the meaning of paragraph 4 or 10 of Schedule 1) occurring before the commencement of this Article, and

(b) the condition in paragraph (4) is satisfied.

(6) For the purposes of paragraph (2)(b) or (5)(a), conduct is inappropriate if it appears to the keeper to be inappropriate having regard to the guidance issued by the Secretary of State under paragraph 4(6) or 10(6) of Schedule 1.

(7) In this Article—

(a) a relevant register is a register appearing in column 1 of the following table, and

(b) in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the table.

(1) The register of teachers maintained under Article 35 of the Education (Northern Ireland) Order 1998 (NI 13)

The General Teaching Council for Northern Ireland 2 The register of pharmaceutical chemists maintained under Article 6 of the Pharmacy (Northern Ireland) Order 1976 (NI 22)

The registrar appointed under Article 9(1) of that Order 3 Any of the lists of medical practitioners kept under section 2 of the Medical Act 1983 (c. 54)

The registrar of the General Medical Council 4 The dentists register kept under section 14 of the Dentists Act 1984 (c. 24) or the dental care professionals register kept under section 36B of that Act

The registrar appointed under section 14 of that Act 5 The register of optometrists or the register of dispensing opticians maintained under section 7 of the Opticians Act 1989 (c. 44), or the register of persons undertaking training as optometrists or the register of persons undertaking training as dispensing opticians maintained under section 8A of that Act

The registrar of the General Optical Council 6 The register of osteopaths maintained under section 2 of the Osteopaths Act 1993 (c. 21)

The Registrar of Osteopaths 7 The register of chiropractors maintained under section 2 of the Chiropractors Act 1994 (c. 17)

The Registrar of Chiropractors 8 The register of social workers and social care workers maintained under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3)

The Northern Ireland Social Care Council 9 The register of qualified nurses and midwives maintained under Article 5 of the Nursing and Midwifery Order 2001 ( S.I. 2002/253)

The registrar appointed under Article 4 of that Order 10 The register of members of relevant professions maintained under Article 5 of the Health Professions Order 2001 (S.I. 2002/254)

The registrar appointed under Article 4 of that Order 11. The register kept under article 5 of the Anaesthesia Associates and Physician Associates Order 2024 The Registrar appointed under paragraph 1(b)(i) of Schedule 1 to that Order 8 The Secretary of State may by order amend the table in paragraph (7) by inserting an entry or amending or omitting an entry for the time being contained in the Table.

Section 44 Registers: duty to provide information on request

(1) This Article applies if DBS is considering—

(a) whether to include in a barred list a person who appears on a relevant register;

(b) whether to remove such a person from a barred list.

(2) DBS may require the keeper of the register to provide it with any prescribed information he holds relating to the person.

(3) The keeper of the register must comply with a requirement under paragraph (2).

(4) References to a relevant register and the keeper of a relevant register must be construed in accordance with Article 43(7).

Section 45 Registers: provision of barring information to keepers of registers

(1) Paragraph (2) applies if—

(a) DBS knows or thinks that a person (A) appears on a relevant register, and

(b) either—

(i) A is included in a barred list, or

(ii) DBS is aware that A is subject to a relevant disqualification.

(2) DBS must—

(a) notify the keeper of the register of the circumstances mentioned in paragraph (1)(b)(i) or (as the case may be) (ii), and

(b) in the case where A is included in a barred list, provide the keeper of the register with such of the information on which DBS relied in including A in the list as DBS considers—

(i) to be relevant to the exercise of any function of the keeper, and

(ii) otherwise appropriate to provide.

(3) Paragraph (4) applies if the keeper of a relevant register applies to DBS to ascertain in relation to a person (A) whether—

(a) A is included in a barred list, or

(b) DBS is aware that A is subject to a relevant disqualification.

(4) DBS must notify the keeper of the register as to whether the circumstances are as mentioned in paragraph (3)(a) or (as the case may be) (b).

(5) DBS may (whether on an application by the keeper or otherwise) provide to the keeper of a relevant register such relevant information as DBS considers appropriate.

(5A) Paragraph (5B) applies if—

(a) a keeper of a register has applied to DBS to be notified in relation to a person (A) if—

(i) A is included in a barred list, or

(ii) DBS is aware that A is subject to a relevant disqualification, and

(b) the application has not been withdrawn.

(5B) DBS must notify the keeper of the register if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii).

(5C) For the purposes of paragraph (5A)(b) an application is withdrawn if—

(a) the keeper of the register notifies DBS that the keeper no longer wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii) in relation to A, or

(b) DBS cancels the application on either of the following grounds—

(i) that the keeper has not answered, within such reasonable period as was required by DBS , a request from DBS as to whether the keeper still wishes to be notified if the circumstances are, or become, as mentioned in paragraph (5A)(a)(i) or (as the case may be) (ii), or

(ii) that A neither appears in the register nor is being considered for inclusion in the register.

(5D) A keeper of a relevant register may apply for information under this Article, or to be notified under this Article, in relation to a person (A) only if—

(a) A appears in the register, or

(b) A is being considered for inclusion in the register.

(5E) The duties in paragraphs (2), (4) and (5B) do not apply if DBS ... is satisfied that the keeper of the register already has the information concerned.

(5F) DBS may determine the form, manner and contents of an application for the purposes of this Article.

(5G) In this Article relevant information is information—

(a) which—

(i) relates to the protection of children or vulnerable adults in general, or of any child or vulnerable adult in particular, and

(ii) is relevant to the exercise of any function of the keeper of the register, but

(b) which is not—

(i) information that the circumstances are as mentioned in paragraph (1)(b)(i) or (ii) in relation to a person,

(ii) any information provided under paragraph (2)(b), or

(iii) information falling within paragraph 19(5) of Schedule 1.

(5H) The Secretary of State may by order amend paragraph (5G).

(6) In this Article—

(a) a relevant register is a register appearing in column 1 ... of the table in Article 43(7), and

(b) in relation a relevant register, the keeper of the register is the corresponding person appearing in column 2 of the Table.

(7) A person is subject to a relevant disqualification if he is included in a list maintained under the law of England and Wales or Scotland which the Secretary of State specifies by order as corresponding to a barred list.

Section 46 Registers: power to apply for vetting information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .