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

Made: 1st September 2009

To be laid before Parliament

Coming into operation: 12th October 2009

The Secretary of State makes the following Regulations in exercise of the powers conferred by Articles 3(1)(g) and 2(2)[^f00001] 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 2007[^f00002].

Citation and commencement

1

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

Interpretation

2

In these Regulations—

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

Vulnerable adults – welfare service of a prescribed description

3

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

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

4

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.

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

5

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

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

6

• (1) The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009[^f00003] 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—

• (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—

• (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 3[^f00006]

Signed

Paul Goggins — Minister of State — 1st September 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

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.

Footnotes

[^f00001]: Article 2(2) is cited because of the meaning it gives to “prescribed”.

[^f00002]: S.I. 2007/1351 (N.I. 11).

[^f00003]: S.R. 2009 No. 39.

[^f00004]: 1968 c. 60. Section 9, in relation to intent to commit rape, was repealed by paragraph 17 of Schedule 6 to the Sexual Offences Act 2003 (c. 42).

[^f00005]: 1969 c. 16. Section 9, in relation to intent to commit rape, was amended by the Criminal Justice (Northern Ireland) Order 2003 (S.I. 2003/1247) (N.I. 13).

[^f00006]: 1976 c. 67. Section 3 was repealed by Schedule 3 to the Crime and Punishment (Scotland) Act 1997 (c. 48).

Editorial notes

[^key-095faacaacf899df1a46e0a80ff49cfa]: Reg. 1 in operation at 12.10.2009, see reg. 1

[^key-337549bbf6e46ec48330f5dc9d9ff413]: Reg. 6 in operation at 12.10.2009, see reg. 1

[^key-22c63b316329f9fa7b56ceb43b3cc40f]: Reg. 2 in operation at 12.10.2009, see reg. 1

[^key-6a1a20729fcf64787abe1aa05e0fe4a9]: Reg. 4 in operation at 12.10.2009, see reg. 1

[^key-74c060a1684791dd9df7fa3ece2dbd52]: Reg. 3 revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 22

[^key-24c849de7872467fb249bd67e3720274]: Reg. 5 revoked (10.9.2012) by The Safeguarding Vulnerable Groups (Miscellaneous Provisions) Regulations (Northern Ireland) 2012 (S.R. 2012/323), regs. 1(2), 22