The Safeguarding Vulnerable Groups (2007 Order) (Commencement No. 2) Order (Northern Ireland) 2008

Made: 29th May 2008

The Secretary of State, in exercise of the powers conferred by Article 1(3) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007[^f00001], makes the following Order.

Citation

1

This Order may be cited as the Safeguarding Vulnerable Groups (2007 Order) (Commencement No.2) Order (Northern Ireland) 2008.

Interpretation

2

In this Order, “the Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Provisions coming into operation on 29th May 2008

3

29th May 2008 is the day appointed for the coming into operation of the following provisions of the Order—

• (a) Article 8 (appeals) in so far as it is not already in operation;

• (b) Article 29 (monitoring: fees); and

• (c) paragraph 4 of Schedule 7 (amendments)[^f00002] and Article 60(1) (amendments and repeals) in so far as it relates to that paragraph.

Provisions coming into operation on 29th May 2008 for the purposes of making regulations

4

29th May 2008 is the day appointed for the coming into operation of the following provisions of the Order for the purposes of making regulations—

• (a) Article 15(2) (regulated activity provider: failure to check);

• (b) Article 17(1) and (5) (educational establishments: check on members of governing body);

• (c) Article 18(1), (2) and (3) (office holders: offences);

• (d) Article 28(1)(c) and (d), (8)(a) and (c), (10), (11) and (12)(d) (monitoring);

• (e) Article 30(1) (ceasing monitoring);

• (f) Article 32(7) and (8) (provision of vetting information);

• (g) Article 34(10) (notification of cessation of monitoring);

• (h) Article 35(3) and (4)(b) (cessation of registration);

• (i) Article 37(1) (regulated activity providers: duty to refer);

• (j) Article 38(1), (2) and (3) (personnel suppliers: duty to refer);

• (k) Article 39(2) (regulated activity providers: duty to provide information on request etc.);

• (l) Article 41(1) and (5) (education and library boards and HSS bodies: duty to refer);

• (m) Article 42(2) (education and library boards and HSS bodies: duty to provide information on request);

• (n) Article 43(1) and (5) (registers: duty to refer);

• (o) Article 44(2) (registers: duty to provide information on request);

• (p) Article 46(7) (registers: power to apply for vetting information);

• (q) Article 47(1) and (5) (supervisory authorities: duty to refer);

• (r) Article 48(1)(a) and (2) (supervisory authorities: duty to provide information on request);

• (s) Article 49(7) (supervisory authorities: power to apply for vetting information);

• (t) Article 50(7) and (8) (supervisory authorities: notification of barring, etc. in respect of children);

• (u) Article 51(7) and (8) (supervisory authorities: notification of barring, etc. in respect of vulnerable adults);

• (v) paragraphs 19(1)(b) and 21 of Schedule 1 (barred lists) and Article 6(4) (barred lists) in so far as it relates to those paragraphs;

• (w) paragraphs 2(1)(f) and 7(1)(f) of Schedule 2 (regulated activity) and Article 9(1) and (2) (regulated activity) in so far as it relates to those paragraphs;

• (x) paragraphs 1(1), 2(1)(a), 3(1)(c) and (2), 4(1)(c) and (2), 5, 6(1)(c) and (2), 7(1)(c) and (2), 8, 9(1)(c) and (2) and 10(1)(c) and (2) of Schedule 3 (appropriate verification);

• (y) paragraph 2(1) of Schedule 4 (employment businesses: failure to check) and Article 16(1) (personnel suppliers: failure to check) in so far as it relates to that paragraph; and

• (z) paragraph 1 of Schedule 5 (vetting information).

Provisions coming into operation on 29th May 2008 for the purposes of making orders

5

29th May 2008 is the day appointed for the coming into operation of the following provisions of the Order for the purposes of making orders—

• (a) Article 7(2)(b) and (3)(b) (barred persons);

• (b) Article 9(3) and (4) (regulated activity);

• (c) Article 10(12) (regulated activity providers);

• (d) Article 16(2) (personnel suppliers: failure to check);

• (e) Article 33(6) (meaning of relevant information in Article 32);

• (f) Article 43(8) (registers: duty to refer);

• (g) Article 45(7) (registers: notice of barring and cessation of monitoring);

• (h) Article 46(6) (registers: power to apply for vetting information);

• (i) Article 47(9) (supervisory authorities: duty to refer);

• (j) Article 49(6) (supervisory authorities: power to apply for vetting information);

• (k) Article 50(6) (supervisory authorities: notification of barring, etc. in respect of children);

• (l) Article 51(6) (supervisory authorities: notification of barring, etc. in respect of vulnerable adults;

• (m) Article 56(1) and (2) (alignment with rest of UK);

• (n) paragraphs 6(1)(b), (2) and (3), 12(1)(b), (2) and (3) and 16(5) of Schedule 1 (barred lists) and Article 6(2), (3) and (4) (barred lists) in so far as it relates to those paragraphs;

• (o) paragraphs 6 and 9 of Schedule 2 (regulated activity);

• (p) paragraph 14 of Schedule 3 (appropriate verification);

• (q) paragraph 5 of Schedule 4 (employment businesses: failure to check) and Article 16(1) (personnel suppliers: failure to check) in so far as it relates to that paragraph; and

• (r) paragraph 2 of Schedule 5 (vetting information).

Signed

Paul Goggins — Minister of State — 29th May 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

This is the second Commencement Order made under the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the Order”).

Article 3 brings fully into operation Article 8 of the Order, which makes provision for appeals against decisions of the Independent Barring Board to include an individual in, or not to remove him from, one of the barred lists. The Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act 2006. The barred lists are the children’s barred list and the adults’ barred list established and maintained under Article 6 of the Order.

Article 3 also brings into operation Article 29, which makes provision relating to the prescribing of fees in relation to monitoring applications under Article 28, and paragraph 4 of Schedule 7 to the Order, which makes amendments to the Data Protection Act [1998 (c. 29)](https://www.legislation.gov.uk/ukpga/1998/29).

Article 4 brings into operation provisions under which the Secretary of State may make regulations. Article 5 brings into operation provisions under which he may make orders.

Footnotes

[^f00001]: S.I. 2007 No. 1351 (N.I. 11).

[^f00002]: Paragraph 4 amends sections 56 and 75 of the Data Protection Act 1998 (c. 29).