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Article 49 Interpretation of this Part

Northern Ireland

(1)

In this Part—

  • “agencies” means—

    1. (a)

      the Police Service of Northern Ireland;

    2. (b)

      the Probation Board for Northern Ireland;

    3. (c)

      the Department of Education;

    4. (d)

      the Department for Employment and Learning;

    5. (e)

      the Department of Health, Social Services and Public Safety;

    6. (f)

      the Department for Social Development;

    7. (g)

      F1... F2HSC trusts ;

    8. (h)

      Education and Library Boards;

    9. (i)

      the Northern Ireland Housing Executive;

    10. (j)

      the National Society for the Prevention of Cruelty to Children;

  • F3“child” means a person under the age of 18;

  • “conviction” includes—

    1. (i)

      a conviction by or before a court outside Northern Ireland;

    2. (ii)

      any finding (other than a finding linked with a finding of insanity) in any criminal proceedings that a person has committed an offence or done the act or made the omission charged;

    3. (iii)

      a caution given to a person in respect of an offence which, at the time when the caution was given, the person has admitted;

  • “serious harm” means death or serious personal injury, whether physical or psychological;

  • “specified” means specified in guidance under Article 50.

  • F4“relevant previous conviction”, in relation to a person, means a conviction for a sexual or violent offence by reason of which the person falls within a specified description of persons;

(2)

The Secretary of State may by order amend the definition of “agencies” in paragraph (1).

Annotations

Textual amendments

F1

Words in art. 49(1)(g) omitted (1.4.2022) by virtue of Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 226(4); S.R. 2022/102, art. 2(b)

F2

Words in Order substituted (1.4.2009) by virtue of Health and Social Care (Reform) Act (Northern Ireland) 2009 (c. 1), ss. 32, 34(3), Sch. 6 para. 1(1)(d) (with Sch. 6 para. 1(3)); S.R. 2009/114, art. 2

F3

Words in art. 49(1) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(2)(a), 106(2); S.R. 2016/136, art. 2(a)

F4

Words in art. 49(1) inserted (14.3.2016) by Justice Act (Northern Ireland) 2015 (c. 9), ss. 48(2)(b), 106(2); S.R. 2016/136, art. 2(a)