The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012

Made: 14th August 2012

Laid before Parliament: 17th August 2012

Coming into operation: 10th September 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 61(1)(a) and (3) of, and paragraphs 1(1), 2(1), 7(1), 8(1) and 24(1) and (2) of Schedule 1 to, the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007[^f00001].

Citation and commencement

1

These Regulations may be cited as the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) (Amendment) Regulations (Northern Ireland) 2012 and come into operation on 10th September 2012.

Amendment of the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009

2

• (1) The Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009([^f00002] are amended in accordance with paragraphs (2) to (8).

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

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

• (4) In Part 1 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with right to make representations)—

• (a) remove the entry relating to Offences Against the Person Act 1861, section 52[^f00004]”;

• (b) insert the following entries at the appropriate place—

• (c) in the entries relating to the Offences Against the Person Act 1861, section 61 and the Offences Against the Person Act 1861, section 62 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act”;

• (d) in the entry relating to the Criminal Law Amendment Act 1885[^f00007], section 11 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012[^f00008]”;

• (e) in the entries relating to the Sexual Offences Act 1956[^f00009], section 12 and the Sexual Offences Act 1956, section 13 in the circumstances of the offence after “the act” insert “and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012”;

• (f) in the entry relating to the Theft Act 1968[^f00010], section 9(1)(a), after “intent to commit rape” insert “before section 9(1)(a) was amended by the Sexual Offences Act 2003”;

• (g) in the entry relating to the Theft Act (Northern Ireland) 1969[^f00011], section 9, after “ intent to commit rape” insert “before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008”.

• (5) In Part 2 of the table in paragraph 2 of the Schedule (prescribed criteria – automatic inclusion in the children’s barred list with right to make representations)——

• (a) omit the entries relating to the Mental Health Act 1983[^f00012], sections 126, 128 and 129;

• (b) insert the following entries at the appropriate place—

• (c) for “Asylum and Immigration Act 2004[^f00018], section 4” substitute “Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4”.

• (6) In the table in paragraph 3 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list) insert the following entry at the appropriate place—

• “Sexual Offences (Scotland) Act 2009, section 46”;

• (7) 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)—

• (a) insert the following entries at the appropriate place—

• (b) in the entry relating to the Offences Against the Person Act 1861, section 61 for circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act”;

• (c) in the entry relating to the Criminal Law Amendment Act 1885, section 11 for the circumstances of the offence substitute “The person with whom the offence was committed was under the age of 16 or did not consent to the act and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012”;

• (d) in the entries relating to the Sexual Offences Act 1956, section 12 and the Sexual Offences Act 1956, section 13 in the circumstances of the offence after “the act” insert “and the conviction or caution is not a disregarded conviction or caution within the meaning of Chapter 4 of Part 5 of the Protection of Freedoms Act 2012”;

• (e) in the entry relating to the Theft Act 1968, section 9(1)(a), after “ intent to commit rape” insert “before section 9(1)(a) was amended by the Sexual Offences Act 2003”;

• (f) in the entry relating to the Theft Act (Northern Ireland) 1969, section 9, after “ intent to commit rape” insert “before section 9 was amended by the Sexual Offences (Northern Ireland) Order 2008”.

• (8) In Part 2 of the table in paragraph 4 of the Schedule (prescribed criteria – automatic inclusion in the adults’ barred list with the right to make representations)—

• (a) omit the entries relating to the Mental Health Act 1983, sections 126, 128 and 129;

• (b) insert the following entries at the appropriate place—

• (c) for “Asylum and Immigration Act 2004, section 4” substitute “Asylum and Immigration (Treatment of Claimants etc) Act 2004, section 4”.

Signed

James Brokenshire — Parliamentary Under-Secretary of State — 14th August 2012

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 which prescribe the criteria which determine whether a person should be included automatically in the children’s barred list or the adults’ barred list maintained by the Independent Safeguarding Authority under Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the 2007 Order”).

Regulation 2(2) and (3) amend the criteria on the basis of which a person will be included automatically in the children’s barred list without having the right to make representations. Regulation 2(4) and (5) amend the criteria on the basis of which a person will be included automatically in the children’s barred list with the right to make representations.

Regulation 2(6) amends the criteria on the basis of which a person will be included automatically in the adults’ barred list without having the right to make representations. Regulation 2(7) and (8) amend the criteria on the basis of which a person will be included automatically in the adults’ barred list with the right to make representations.

In particular these amendments update the criteria for automatic inclusion on the children’s and adults’ barred list in light of the Sexual Offences (Scotland) Act 2009 and the provisions in Chapter 4 of Part 5 of the Protection of Freedoms Act 2012 in relation to disregarded convictions and cautions.

An impact assessment has not been produced for this rule as no new impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: S.I. 2007/1351 (N.I. 11).

[^f00002]: S.R. 2009/39 as amended by S.R. 2009/306 and S.R. 2010/31.

[^f00003]: 2009 asp. 9.

[^f00004]: 1861 c.100; section 52 was repealed by paragraph 4 of Schedule 1 and Schedule 3 to the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769) (N.I. 2).

[^f00005]: 2003 c. 31.

[^f00006]: 2003 c. 42.

[^f00007]: 1885 48 & 49 Vict. C. 69.

[^f00008]: 2012 c. 9.

[^f00009]: 1956 c. 69.

[^f00010]: 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).

[^f00011]: 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).

[^f00012]: 1983 c.20

[^f00013]: S.I. 1978/460 (N.I.5).

[^f00014]: 1984 c.36.

[^f00015]: Section 59A was inserted by section 109 of the Protection of Freedoms Act 2012 (c.9).

[^f00016]: 2008 c.4.

[^f00017]: 2009 c.25.

[^f00018]: 2004 c.19.

[^f00019]: 2003 asp.7.