The Safeguarding Vulnerable Groups (Specified Scottish Authority and Barred Lists) Order (Northern Ireland) 2019

Made: 22nd July 2019

To be laid before Parliament: 24th July 2019

Coming into operation: 19th August 2019

The Secretary of State makes the following Order in exercise of the powers conferred by paragraphs 6(2) and (3) and 12(2) and (3) of Schedule 1 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007[^f00001].

Citation and commencement

1

This Order may be cited as the Safeguarding Vulnerable Groups (Specified Scottish Authority and Barred Lists) Order (Northern Ireland) 2019 and comes into operation on 19th August 2019.

Interpretation

2

In this Order—

• “the 2007 Act” means the Protection of Vulnerable Groups (Scotland) Act 2007[^f00002];

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

Relevant Scottish authority

3

For the purposes of paragraphs 6(2) and 12(2) of Schedule 1 to the 2007 Order, the Scottish Ministers are specified as exercising for the purposes of the law of Scotland functions which correspond to those of DBS[^f00003].

Barred Lists

4

For the purposes of—

• (a) paragraph 6(3) of Schedule 1 to the 2007 Order, the list maintained under section 1(1)(a) of the 2007 Act (duty of Scottish Ministers to keep the children’s list) is specified as a list corresponding to the children’s barred list;

• (b) paragraph 12(3) of Schedule 1 to the 2007 Order, the list maintained under section 1(1)(b) of the 2007 Act (duty of Scottish Ministers to keep the adults’ list) is specified as a list corresponding to the adults’ barred list.

Signed

Victoria Atkins — Parliamentary Under-Secretary of State — Home Office — 22nd July 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 7 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ([S.I. 2007/1351 (N.I. 11)](https://www.legislation.gov.uk/nisi/2007/1351)) (“the 2007 Order”) provides that a person included in a specified children’s or adults’ list maintained by the Disclosure and Barring Service will be barred under the 2007 Order from regulated activity relating to the relevant group.

Under paragraphs 6 and 12 of Schedule 1 to the 2007 Order, a person must not be included in the relevant barred list in Northern Ireland only on a particular ground if a relevant Scottish authority has already considered whether the person should be included in a corresponding list on the same ground. This Order specifies a relevant Scottish authority and a corresponding list for the purposes of paragraphs 6 and 12 of Schedule 1 to the 2007 Order.

Article 3 of this Order specifies the Scottish Ministers as a relevant Scottish authority.

Article 4 specifies that the children’s list and the adults’ list maintained by the Scottish Ministers under the Protection of Vulnerable Groups (Scotland) Act [2007 (asp 14)](https://www.legislation.gov.uk/asp/2007/14) correspond respectively to the children’s barred list and the adults’ barred list maintained under the 2007 Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: S.I. 2007/1351 (N.I. 11). Paragraphs 6 and 12 were amended by S.I. 2012/3006. Paragraphs 6 and 12 are also amended by paragraph 11(2) and (4) of Schedule 7 to the Protection of Freedoms Act 2012 (c. 9) but those amendments are not yet in force.

[^f00002]: 2007 asp 14, to which there are amendments not relevant to this Order.

[^f00003]: DBS means the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012.