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The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009

S.R. 2009/306 · Made 1 September 2009 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 10 September 2012.

Safeguarding Vulnerable Groups

Made 1st September 2009

Coming into operation 12th October 2009

To be laid before Parliament

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 3(1)(g) and 2(2)f1 of, paragraphs 2(1), 8(1), 24(1) and (2) of Schedule 1 and paragraphs 2(1)(f) and 7(1)(f) of Schedule 2 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007f2.

Annotations to the whole text

Footnotes

f1

Article 2(2) is cited because of the meaning it gives to “prescribed”.

f2

S.I. 2007/1351 (N.I. 11).

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Vulnerable adults – welfare service of a prescribed description Repealed
  4. 4Regulated activity (driving a vehicle – prescribed circumstances relating to children)
  5. 5Regulated activity (driving a vehicle – prescribed circumstances relating to vulnerable adults) Repealed
  6. 6Amendments to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009
  7. Signature
  8. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2009 and come into operation on 12th October 2009.

2InterpretationI1

In these Regulations—

  • “the 2007 Order” means the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

3Vulnerable adults – welfare service of a prescribed descriptionF1

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

4Regulated activity (driving a vehicle – prescribed circumstances relating to children)I1

Driving a vehicle, which is being used only for the purpose of conveying children and any person supervising or caring for them, is a regulated activity under paragraph 2(1)(f) of Schedule 2 to the 2007 Order in the following circumstances—

(a)

a person (P) makes an arrangement (under a contract or otherwise) for children to be conveyed in a vehicle;

(b)

the arrangement is made between P and a person (B) or between P and a person with whom B is engaging in any form of work (whether or not for gain); and

(c)

B drives the vehicle and conveys the children pursuant to that arrangement.

5Regulated activity (driving a vehicle – prescribed circumstances relating to vulnerable adults)F1

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

6Amendments to the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009I1

(1)

The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009f1 are amended in accordance with paragraphs (2) to (5).

(2)

In Part 1 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with the right to make representations) insert the following entries at the appropriate place—

“

Theft Act 1968, section 9(1)(a)f2The offence was committed with intent to commit rape

”

“

Theft Act (Northern Ireland) 1969, section 9f3The offence was committed with intent to commit rape

”

(3)

In Part 2 of the table in paragraph 2 of the Schedule omit “Theft Act 1968, section 9(1)(a)” and “Theft Act (Northern Ireland) 1969, section 9”.

(4)

In Part 1 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations) insert the following entries at the appropriate place—

“

Theft Act 1968, section 9(1)(a)The offence was committed with intent to commit rape

”

“

Theft Act (Northern Ireland) 1969, section 9The offence was committed with intent to commit rape

”

(5)

In Part 2 of the table in paragraph 4 of the Schedule—

(a)

omit “Theft Act 1968, section 9(1)(a)” and “Theft Act (Northern Ireland) 1969, section 9”; and

(b)

insert the following entry at the appropriate place—

“Sexual Offences (Scotland) Act 1976, section 3f4”.

Signature

Paul Goggins

Minister of State

Northern Ireland Office

1st September 2009

Explanatory note

(This note is not part of the Order)

These Regulations are made under the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (N.I.11) (“the 2007 Order”).

Regulation 3 provides that support, assistance or advice provided to an individual by any person, the purpose of which is to develop that individual’s capacity to live independently or to sustain their ability to do so, is a welfare service for the purpose of Article 3(1)(g) of the 2007 Order. The effect of this regulation is to bring the recipients of this type of welfare service within the definition of “vulnerable adult” in Article 3 of the 2007 Order.

Regulation 4 prescribes the circumstances in which driving a vehicle, which is being used only for the purpose of conveying children and any person supervising or caring for the children, will be a regulated activity.

Regulation 5 makes similar provision in respect of vulnerable adults.

Regulation 6 amends the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 to rectify two omissions from the criteria for automatic barring under the Scheme.