The Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012

Made: 20th August 2012

Coming into operation: 17th September 2012

The Department of Health, Social Services and Public Safety makes the following regulations in exercise of the powers conferred by sections 1(2)(b), 1(3)(j), 1(5), 3(4), 5(1), 6(1), 7(1)(a), 7(4), 7(5), 8(1), 9 and 12(1)(j) of the Safeguarding Board Act (Northern Ireland) 2011 .

PART 1 — General

Citation and commencement

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These regulations may be cited as the Safeguarding Board for Northern Ireland (Membership, Procedure, Functions and Committee) Regulations (Northern Ireland) 2012 and shall come into operation on 20th August 2012

Interpretation

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In these regulations—

• “the Act” means the Safeguarding Board Act (Northern Ireland) 2011;

• “any Department” means any of the Northern Ireland departments listed in Article 3 of the Departments (Northern Ireland) Order 1999 ;

• “area of the Safeguarding Panel” has the meaning given in regulation 21(2);

• “bankruptcy restrictions order” means an order made under Schedule 2A of the Insolvency (Northern Ireland) Order 1989 or Schedule 4A of the Insolvency Act 1986 ;

• “charity trustee” means one of the persons having the general control and management of the administration of a charity;

• “debt relief restrictions order” means an order made under Schedule 2ZB to the Insolvency (Northern Ireland) Order 1989 or Schedule 4ZB to the Insolvency Act 1986;

• “Designated Nurse for Safeguarding Children” means the nurse designated by the Regional Agency for Public Health and Social Well-being to provide such information, advice and assistance regarding the safeguarding of children as may reasonably be required in accordance with section 13(6)(b) of the Health and Social Care (Reform) Act (Northern Ireland) 2009 ;

• “education and library board” means an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986 ;

• “former health service body” means a clinical commissioning group, a Strategic Health Authority, a Primary Care Trust , the Health and Social Care Information Centre or the Health Protection Agency;

• “general medical practitioner” means a person whose name is included on a Primary Medical Services Performers List prepared pursuant to regulation 4 of the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 ;

• “health and social care body” means–...the Northern Ireland Social Care Council established under section 1 of the Health and Personal Social Services Act (Northern Ireland) 2001 ; andthe Northern Ireland Practice and Education Council for Nursing and Midwifery established under section 2 of the Health and Personal Social Services Act (Northern Ireland) 2002 ;

• “health service body” means–any of the following within the meaning of the National Health Service Act 2006 –...a Special Health Authority;... NHS England the National Institute for Health and Care Excellence; the Health and Social Care Information Centre; ...an NHS trust;a Local Health Board; an integrated care board; any of the following within the meaning of the National Health Service (Scotland) Act 1978 –a Health Board;a Special Health Board;the Common Services Agency for the Scottish Health Service;the Scottish Dental Practice Board;the Wales Centre for Health established under section 2 of the Health (Wales) Act 2003 ;...the Care Quality Commission established under section 1 of the Health and Social Care Act 2008 ;the General Social Care Council established under section 54 of the Care Standards Act 2000 ;the Social Care Council for Wales established under section 54 of the Care Standards Act 2000;the Scottish Social Services Council established under section 43 of the Regulation of Care (Scotland) Act 2001 ;

• “National Society for the Prevention of Cruelty to Children” means the National Society for the Prevention of Cruelty to Children established by Royal Charter on 28 May 1895;

• “Probation Board for Northern Ireland” means the Probation Board for Northern Ireland established under Article 3(1) of the Probation Board (Northern Ireland) Order 1982 ;

• “regulatory person or body” means—the person holding the office of Chief Inspector of Criminal Justice in Northern Ireland established under section 45 of the Justice (Northern Ireland) Act 2002 ;any person appointed as an inspector under Article 102 of the Education and Libraries (Northern Ireland) Order 1986, or as a lay person under Article 102A of that Order;any person appointed as an inspector of constabulary under section 54 of the Police Act 1996 , or as an assistant inspector of constabulary or staff officer to the inspector of constabulary under section 56 of that Act;the Northern Ireland Policing Board established under section 2 of the Police (Northern Ireland) Act 2000 ;the person holding the office of Police Ombudsman for Northern Ireland established under section 51 of the Police (Northern Ireland) Act 1998 ;

• “trustee for a charity” is a person not being a charity trustee, in whom legal title to the property of the charity is vested;

• “voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members thereof;

• “Youth Justice Agency” means the Youth Justice Agency established as an Executive Agency of the Northern Ireland Office on 1 April 2003 whose functions transferred to the Department of Justice by virtue of the Northern Ireland Act 1998 (Devolution of Policing and Justice) Functions Order 2010 .

PART 2 — Safeguarding Board for Northern Ireland

Membership

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• (1) For the purposes of section 1(3)(j) of the Act (other relevant persons or bodies), a prescribed relevant body shall be—

• (a) the British Medical Association; ...

• (b) any voluntary organisation; and

• (c) the Department.

• (2) For the purposes of section 1(2)(b) and (3A) and (3B), of the Act the prescribed representatives shall be—

• (a) from the Department, the Director of Social Care and Children;

• (b) from the Regional Agency for Public Health and Social Well-being–

• (i) the Designated Nurse for Safeguarding Children;

• (ii) the Director of Nursing and Allied Health Professionals; and

• (iii) the Director of Public Health or Assistant Director for Service Development and Screening ;

• (c) an Executive Director for Social Work or Assistant Director for Children’s Services from each of the following HSC trusts—

• (i) the South Eastern HSC Trust;

• (ii) the Southern HSC Trust;

• (iii) the Northern HSC Trust;

• (iv) the Western HSC Trust;

• (cc) an Executive Director of Social Work or Co-Director for Children’s Services from the Belfast HSC Trust;

• (d) an Assistant Chief Constable of the Police Service of Northern Ireland with responsibility for safeguarding and promoting the welfare of children or the Chief Superintendent for Public Protection ;

• (e) the Director or Assistant Director of the Probation Board for Northern Ireland;

• (f) the Chief Executive or Director of the Youth Justice Agency;

• (g) a Chief Executive of an education and library board;

• (h) two Chief Executives of district councils;

• (i) the National Head of Service or Assistant Director for Northern Ireland of the National Society for the Prevention of Cruelty to Children;

• (j) a member of the Northern Ireland General Practitioners Committee of the British Medical Association; and

• (k) at least three but not more than five persons from voluntary organisations.

• (3) For the purposes of paragraph (2)(a)(ii) a Designated Doctor for Safeguarding Children means a paediatrician designated by the Regional Health and Social Care Board to provide information, advice and assistance regarding the safeguarding of children.

Joint membership

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Where more than one person is appointed jointly to a post in any of the bodies specified in regulation 3(2)(a) to (i) which qualifies the holder for membership in accordance with section 1(2)(b) of the Act, those persons shall become or be joint members and shall count for the purposes of regulation 3 as one person.

Disqualification for appointment

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• (1) Subject to regulation 6, a person shall be disqualified for appointment under section 1(2)(a) or (c) of the Act if that person—

• (a) has within five years of the day the appointment would otherwise have taken effect been convicted whether in the United Kingdom or elsewhere of any offence and has been given a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;

• (b) has been dismissed, other than by reason of redundancy, from any paid employment with any Department, a health and social care body, a health service body, a former health service body, any of the persons or bodies represented on the Safeguarding Board by virtue of section 1(2)(b) and (4) of the Act, or a regulatory person or body;

• (c) is the subject of a bankruptcy restrictions order or is the subject of a debt relief restrictions order ;

• (d) is subject to a disqualification under the Company Directors Disqualification (Northern Ireland) Order 2002 , the Company Directors Disqualification Act 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);

• (e) has been–

• (i) removed from the office of charity trustee or trustee for a charity by order of the High Court of Northern Ireland or by order of the Charity Commission for Northern Ireland under section 33 of the Charities Act (Northern Ireland) 2008 on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which that person was privy, or which that person by his conduct contributed to or facilitated;

• (ii) removed under section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (powers of the Court of Session to deal with management of charities), from being concerned in the management or control of the charity; or

• (iii) removed from the office of trustee or charity trustee by order of the High Court of England and Wales or, by order of the Charity Commission for England and Wales under section 18(2) of the Charities Act 1993 ;

• (f) is a Chair, chairman, member or non-executive director of a health and social care body, a health service body ..., any of the persons or bodies represented on the Safeguarding Board by virtue of section 1(2)(b) and (4) of the Act, or a regulatory person or body;

• (fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) holds any paid employment or office with any Department, a health and social care body, a health service body, any of the persons or bodies represented on the Safeguarding Board by virtue of section 1(2)(b) and (4) of the Act, or a regulatory person or body;

• (h) is a person who has been removed from the office as the Chair, chairman, member or non-executive director of a health and social care body, a health service body ..., a former health service body (other than a clinical commissioning group), any of the persons or bodies represented on the Safeguarding Board by virtue of section 1(2)(b) and (4) of the Act, or a regulatory person or body;

• (ha) is a person who has been removed from office as the chair or a member of the governing body of a clinical commissioning group;

• (i) is a person whose application for registration under Part 1 of the Health and Personal Social Services Act (Northern Ireland) 2001, or under Part IV of the Care Standards Act 2000 or under Part 3 of the Regulation of Care (Scotland) Act 2001, has been refused or–

• (i) whose registration has been suspended and the suspension has not been terminated; or

• (ii) whose name has been removed from the register and not restored;

• (j) is a person whose registration as a health care professional has been withdrawn or suspended;

• (k) is a person who has been barred from regulated activity relating to–

• (i) children in accordance with Article 7(2) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ; or

• (ii) vulnerable adults in accordance with Article 7(3) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

• (2) For the purposes of paragraph 1(a)—

• (a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted; and

• (b) there shall be disregarded any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.

• (3) For the purposes of paragraph 1(b)—

• (a) a person shall not be treated as having been in paid employment by reason only of his being

• (i) a Chair, chairman, member or non-executive director of a health and social care body, a health service body ..., a former health service body (other than a clinical commissioning group), any of the persons or bodies represented on the Safeguarding Board by virtue of section 1(2)(b) and (4) of the Act, or a regulatory person or body; or

• (ii) the chair or a member of the governing body of a clinical commissioning group; and

• (b) “dismissed” excludes dismissal which was established to have been unfair in industrial tribunal proceedings.

• (4) In paragraph (1)(j), a “health care professional” means a person who is registered as a member of any profession which is regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 .

Cessation of disqualification

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• (1) Subject to paragraph (2) where a person is disqualified under regulation 5(1)(b) (dismissed employees) that person may, after the expiry of a period of not less than two years, apply in writing to the Department to remove the disqualification and the Department may decide that the disqualification shall cease.

• (2) Where the Department refuses an application to remove a disqualification no further application may be made by that person until the expiration of two years from the date of the application.

• (3) Subject to paragraph (4), where a person is disqualified under regulation 5(1)(h) (persons removed from office) the disqualification shall cease on the expiry of a period of two years or such longer period as the Department may specify.

• (4) Where the Department has specified a longer period of disqualification than two years, it may after the expiration of two years, reduce the period of disqualification, on application being made to it by the person disqualified.

Tenure of office

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• (1) The Chair of the Safeguarding Board and members of the Safeguarding Board appointed under section 1(2)(c) of the Act shall be appointed for a period not exceeding 4 years.

• (2) The Chair and members of the Safeguarding Board appointed under section 1(2)(c) of the Act may be appointed for periods of different duration.

• (3) Subject to regulation 5, the Chair or a member of the Safeguarding Board appointed under section 1(2)(c) of the Act may, on termination of the period of tenure of office, be eligible for re-appointment for such further period, not exceeding 4 years, as the Department may in any particular case determine.

• (4) The Department may instead of re-appointing the Chair or a member of the Safeguarding Board appointed under section 1(2)(c) of the Act, on the expiration of that person's tenure of office, extend his appointment for such further period as may appear reasonable in the particular circumstances; but the period by which an appointment is extended must not exceed 4 years.

• (5) Where for any reason, the place of the Chair or a member appointed under section 1(2)(c) of the Act becomes vacant before the expiration of the member's term of office whether by death, resignation or otherwise, the term of office of any person appointed in that person's place shall be for the remainder of the term of office of the former member.

• (6) A member of the Safeguarding Board specified in regulation 3(2)(a) to (i)—

• (a) who ceases to hold the qualifying office, shall cease to be a member of the Safeguarding Board; or

• (b) who is suspended from the qualifying office, shall be suspended from membership of the Safeguarding Board while suspended from that office.

• (7) For the purposes of paragraph (6), “the qualifying office” in relation to a member of the Safeguarding Board means the office which the representative held at the time of becoming a member of the Safeguarding Board.

• (8) A member of the Safeguarding Board by virtue of section 1(4) of the Act may be a member of the Safeguarding Board for such period or periods as the Safeguarding Board may, subject to the approval of the Department, consider appropriate.

• (9) A person who ceases to be a member of the Northern Ireland General Practitioners Committee of the British Medical Association shall cease to be a member of the Safeguarding Board.

• (10) A person who is suspended from membership of the Northern Ireland General Practitioners Committee of the British Medical Association shall be suspended from membership of the Safeguarding Board while suspended from that membership.

• (11) A person who ceases to be a representative of a voluntary organisation shall cease to be a member of the Safeguarding Board.

• (12) A person who is suspended from a voluntary organisation shall be suspended from membership of the Safeguarding Board while suspended from that organisation.

Resignation

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