Protection of Freedoms Bill (HL Bill 128)

Schedule 3 to the Justice and Security (Northern Ireland) Act 2007
the Tribunal determines that—

“(a) the interests of national security are relevant to the decision
to which the certificate relates, and

(b) 5the decision was justified,”.

(6) Rules made under section 91 or 92 of the Act of 1998 which are in
force immediately before this paragraph comes into force have
effect in relation to a certificate under this paragraph—

(a) with any necessary modifications, and

(b) 10subject to any later rules made by virtue of sub-paragraph
(4)(b).”

3 In paragraph 9(1) of that Schedule to that Act (offence of failing to stop when
required to do so) after “paragraph 4” insert “or by virtue of paragraph 4A”.

Section 78

SCHEDULE 7 15Safeguarding of vulnerable groups: Northern Ireland

Restriction of scope of regulated activities: children

1 (1) Parts 1 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I.11)S.I. 2007/1351 (N.I.11)) (regulated activity
relating to children and the period condition) are amended as follows.

(2) 20In paragraph 1(1)(b) (frequency and period condition for regulated activity),
at the beginning, insert “except in the case of activities falling within sub-
paragraph (1A),”.

(3) After paragraph 1(1) insert—

“(1A) The following activities fall within this sub-paragraph—

(a) 25relevant personal care, and

(b) health care provided by, or under the direction or
supervision of, a health care professional.

(1B) In this Part of this Schedule “relevant personal care” means—

(a) physical assistance which is given to a child who is in need
30of it by reason of illness or disability and is given in
connection with eating or drinking (including the
administration of parenteral nutrition),

(b) physical assistance which is given to a child who is in need
of it by reason of age, illness or disability and is given in
35connection with—

(i) toileting (including in relation to the process of
menstruation),

(ii) washing or bathing, or

(iii) dressing,

(c) 40the prompting (together with supervision) of a child, who
is in need of it by reason of illness or disability, in relation
to the performance of the activity of eating or drinking
where the child is unable to make a decision in relation to

performing such an activity without such prompting and
supervision,

(d) the prompting (together with supervision) of a child, who
is in need of it by reason of age, illness or disability, in
5relation to the performance of any of the activities listed in
paragraph (b)(i) to (iii) where the child is unable to make a
decision in relation to performing such an activity without
such prompting and supervision,

(e) any form of training, instruction, advice or guidance
10which—

(i) relates to the performance of the activity of eating
or drinking,

(ii) is given to a child who is in need of it by reason of
illness or disability, and

(iii) 15does not fall within paragraph (c), or

(f) any form of training, instruction, advice or guidance
which—

(i) relates to the performance of any of the activities
listed in paragraph (b)(i) to (iii),

(ii) 20is given to a child who is in need of it by reason of
age, illness or disability, and

(iii) does not fall within paragraph (d).

(1C) In this Part of this Schedule —

• “health care” includes all forms of health care provided for
  25children, whether relating to physical or mental health and
  also includes palliative care for children and procedures
  that are similar to forms of medical or surgical care but are
  not provided for children in connection with a medical
  condition,

• 30“health care professional” means a person who is a member
  of a profession regulated by a body mentioned in section
  25(3) of the National Health Service Reform and Health
  Care Professions Act 2002.

(1D) Any reference in this Part of this Schedule to health care provided
35by, or under the direction or supervision of, a health care
professional includes a reference to first aid provided to a child by
any person acting on behalf of an organisation established for the
purpose of providing first aid.”

(4) In paragraph 1(2)(c) (work activities at certain establishments to be
40regulated activity) for “any form of work (whether or not for gain)”
substitute “any work falling within sub-paragraph (2A) or (2B)”.

(5) After paragraph 1(2) insert—

“(2A) Work falls within this sub-paragraph if it is any form of work for
gain, other than any such work which—

(a) 45is undertaken in pursuance of a contract for the provision
of occasional or temporary services, and

(b) is not an activity mentioned in paragraph 2(1)
(disregarding paragraph 2(3A) and (3B)(b)).

(2B) Work falls within this sub-paragraph if it is any form of work
which is not for gain, other than—

(a) any such work which—

(i) is carried out on a temporary or occasional basis,
5and

(ii) is not an activity mentioned in paragraph 2(1)
(disregarding paragraph 2(3A) and (3B)(b)), or

(b) any such work which is, on a regular basis, subject to the
day to day supervision of another person who is engaging
10in regulated activity relating to children.

(2C) The reference in sub-paragraph (2B)(b) to day to day supervision
is a reference to such day to day supervision as is reasonable in all
the circumstances for the purpose of protecting any children
concerned.”

(6) 15Also in paragraph 1—

(a) after sub-paragraph (6) insert—

“(6A) The exercise of a function of a controller appointed in
respect of a child under Article 101 of the Mental Health
(Northern Ireland) Order 1986 (NI 4) is a regulated activity
20relating to children.”,

(b) omit sub-paragraph (7) (exercise of functions of persons mentioned
in paragraph 4(1) to be regulated activity), and

(c) after sub-paragraph (12) insert—

“(13) Any activity which consists in or involves on a regular
25basis the day to day management or supervision of a
person who would be carrying out an activity mentioned
in sub-paragraph (1) or (2) but for the exclusion for
supervised activity in paragraph 2(3A) or (3B)(b) or sub-
paragraph (2B)(b) above is a regulated activity relating to
30children.”

(7) In paragraph 2 (activities referred to in paragraph 1(1))—

(a) in sub-paragraph (1) omit paragraph (d) (treatment and therapy
provided for a child),

(b) in sub-paragraph (2)—

(i) 35for “, (c) and (d)” substitute “and (c)”, and

(ii) omit paragraph (d), and

(c) after sub-paragraph (3) insert—

“(3A) Sub-paragraph (1)(a) does not include any form of
teaching, training or instruction of children which is, on a
40regular basis, subject to the day to day supervision of
another person who is engaging in regulated activity
relating to children.

(3B) Sub-paragraph (1)(b)—

(a) does not include any health care provided
45otherwise than by (or under the direction or
supervision of) a health care professional, and

(b) does not, except in the case of relevant personal
care or of health care provided by (or under the

direction or supervision of) a health care
professional, include any form of care for or
supervision of children which is, on a regular basis,
subject to the day to day supervision of another
5person who is engaging in regulated activity
relating to children.

(3C) The references in sub-paragraphs (3A) and (3B)(b) to day
to day supervision are references to such day to day
supervision as is reasonable in all the circumstances for the
10purpose of protecting any children concerned.

(3D) Sub-paragraph (1)(c) does not include any legal advice.”

(8) Omit paragraph 4 (list of persons referred to in paragraph 1(7)).

(9) In paragraph 10(2) (the period condition) for “, (c) or (d)” substitute “or (c)”.

Restriction of definition of vulnerable adults

2 (1) 15In Article 2 of the Safeguarding Vulnerable Groups (Northern Ireland)
Order 2007 (interpretation of Order), in the first paragraph (2)—

(a) after the definition of “the 2003 Order” insert—

• ““adult” means a person who has attained the age of
  18;”, and

(b) 20in the definition of “vulnerable adult”, for the words “must be
construed in accordance with Article 3” substitute “means any adult
to whom an activity which is a regulated activity relating to
vulnerable adults by virtue of any paragraph of paragraph 7(1) of
Schedule 2 is provided”.

(2) 25Omit Article 3 of the Order of 2007 (definition of vulnerable adults).

Restriction of scope of regulated activities: vulnerable adults

3 (1) Parts 2 and 3 of Schedule 2 to the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 (regulated activity relating to vulnerable
adults and the period condition) are amended as follows.

(2) 30For paragraph 7(1) to (3) (main activities which are regulated activity)
substitute—

“(1) Each of the following is a regulated activity relating to vulnerable
adults—

(a) the provision to an adult of health care by, or under the
35direction or supervision of, a health care professional,

(b) the provision to an adult of relevant personal care,

(c) the provision by a social care worker of relevant social
work to an adult who is a client or potential client,

(d) the provision of assistance in relation to general household
40matters to an adult who is in need of it by reason of age,
illness or disability,

(e) any relevant assistance in the conduct of an adult’s own
affairs,

(f) the conveying by persons of a prescribed description in
such circumstances as may be prescribed of adults who
need to be conveyed by reason of age, illness or disability,

(g) such activities—

(i) 5involving, or connected with, the provision of
health care or relevant personal care to adults, and

(ii) not falling within any of the above paragraphs,

as are of a prescribed description.

(2) Health care includes all forms of health care provided for
10individuals, whether relating to physical or mental health and also
includes palliative care and procedures that are similar to forms of
medical or surgical care but are not provided in connection with a
medical condition.

(3) A health care professional is a person who is a member of a
15profession regulated by a body mentioned in section 25(3) of the
National Health Service Reform and Health Care Professions Act
2002.

(3A) Any reference in this Part of this Schedule to health care provided
by, or under the direction or supervision of, a health care
20professional includes a reference to first aid provided to an adult
by any person acting on behalf of an organisation established for
the purpose of providing first aid.

(3B) Relevant personal care means—

(a) physical assistance, given to a person who is in need of it
25by reason of age, illness or disability, in connection with—

(i) eating or drinking (including the administration of
parenteral nutrition),

(ii) toileting (including in relation to the process of
menstruation),

(iii) 30washing or bathing,

(iv) dressing,

(v) oral care, or

(vi) the care of skin, hair or nails,

(b) the prompting, together with supervision, of a person who
35is in need of it by reason of age, illness or disability in
relation to the performance of any of the activities listed in
paragraph (a) where the person is unable to make a
decision in relation to performing such an activity without
such prompting and supervision, or

(c) 40any form of training, instruction, advice or guidance
which—

(i) relates to the performance of any of the activities
listed in paragraph (a),

(ii) is given to a person who is in need of it by reason of
45age, illness or disability, and

(iii) does not fall within paragraph (b).

(3C) Relevant social work has the meaning given by section 2(4) of the
Health and Personal Social Services Act (Northern Ireland) 2001

and social care worker means a person who is a social care worker
by virtue of section 2(2)(a) of that Act.

(3D) Assistance in relation to general household matters is day to day
assistance in relation to the running of the household of the person
5concerned where the assistance is the carrying out of one or more
of the following activities on behalf of that person—

(a) managing the person’s cash,

(b) paying the person’s bills,

(c) shopping.

(3E) 10Relevant assistance in the conduct of a person’s own affairs is
anything done on behalf of the person by virtue of—

(a) an enduring power of attorney (within the meaning of the
Enduring Powers of Attorney (Northern Ireland) Order
1987 (NI 16)) in respect of the person which is—

(i) 15registered in accordance with that Order, or

(ii) the subject of an application to be so registered,

(b) an order made under Article 99 or 101 of the Mental Health
(Northern Ireland) Order 1986 (NI 4) by the High Court in
relation to the person or the person’s property or affairs, or

(c) 20the appointment of a representative to receive payments
on behalf of the person in pursuance of regulations made
under the Social Security Administration (Northern
Ireland) Act 1992.”

(3) Omit paragraph 7(4) (certain activities in residential care or nursing homes
25to be regulated activity).

(4) In paragraph 7(5) (day to day management or supervision of certain
activities to be regulated activity) omit “, (4)”.

(5) Omit paragraph 7(9) (functions of certain persons to be regulated activity).

(6) Omit paragraph 8 (the persons referred to in paragraph 7(9) whose functions
30are to be regulated activity).

(7) In paragraph 10(2) (the period condition)—

(a) omit “or 7(1)(a), (b), (c), (d) or (g)”, and

(b) in paragraph (b), omit “or vulnerable adults (as the case may be)”.

Alteration of test for barring decisions

4 (1) 35For sub-paragraphs (2) and (3) of paragraph 1 of Schedule 1 to the
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (automatic
inclusion of person to whom paragraph applies in children’s barred list)
substitute—

“(2) If the Secretary of State has reason to believe that this paragraph
40might apply to a person, the Secretary of State must refer the
matter to ISA.

(3) If (whether or not on a reference under sub-paragraph (2)) ISA is
satisfied that this paragraph applies to a person, it must include
the person in the children’s barred list.”

(2) 45For sub-paragraphs (2) to (4) of paragraph 2 of that Schedule to that Order

(inclusion of person to whom paragraph applies in children’s barred list
with right to make representation afterwards) substitute—

“(2) If the Secretary of State has reason to believe that—

(a) this paragraph might apply to a person, and

(b) 5the person is or has been, or might in future be, engaged in
regulated activity relating to children,

the Secretary of State must refer the matter to ISA.

(3) Sub-paragraph (4) applies if (whether or not on a reference under
sub-paragraph (2)) it appears to ISA that—

(a) 10this paragraph applies to a person, and

(b) the person is or has been, or might in future be, engaged in
regulated activity relating to children.

(4) ISA must give the person the opportunity to make representations
as to why the person should not be included in the children’s
15barred list.

(5) Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of
any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of
20paragraph 16(2).

(6) If ISA—

(a) is satisfied that this paragraph applies to the person, and

(b) has reason to believe that the person is or has been, or
might in future be, engaged in regulated activity relating
25to children,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations
before the end of any time prescribed for the purpose.

(8) If ISA—

(a) 30is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or
might in future be, engaged in regulated activity relating
to children, and

(c) is satisfied that it is appropriate to include the person in the
35children’s barred list,

it must include the person in the list.”

(3) In paragraph 3 of that Schedule to that Order (inclusion in children’s barred
list on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,”
40substitute “—

(i) has (at any time) engaged in relevant
conduct, and

(ii) is or has been, or might in future be,
engaged in regulated activity relating to
45children,”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and”

at the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has
been, or might in future be, engaged in regulated
activity relating to children,”, and

(c) 5in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(4) In paragraph 5 of that Schedule to that Order (inclusion in children’s barred
list because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)”
substitute “—

(i) 10falls within sub-paragraph (4), and

(ii) is or has been, or might in future be,
engaged in regulated activity relating to
children,”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and”
15at the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has
been, or might in future be, engaged in regulated
activity relating to children,”, and

(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(5) 20For sub-paragraphs (2) and (3) of paragraph 7 of that Schedule to that Order
(automatic inclusion of person to whom paragraph applies in adults’ barred
list) substitute—

“(2) If the Secretary of State has reason to believe that this paragraph
might apply to a person, the Secretary of State must refer the
25matter to ISA.

(3) If (whether or not on a reference under sub-paragraph (2)) ISA is
satisfied that this paragraph applies to a person, it must include
the person in the adults’ barred list.”

(6) For sub-paragraphs (2) to (4) of paragraph 8 of that Schedule to that Order
30(inclusion of person to whom paragraph applies in adults’ barred list with
right to make representation afterwards) substitute—

“(2) If the Secretary of State has reason to believe that—

(a) this paragraph might apply to a person, and

(b) the person is or has been, or might in future be, engaged in
35regulated activity relating to vulnerable adults,

the Secretary of State must refer the matter to ISA.

(3) Sub-paragraph (4) applies if (whether or not on a reference under
sub-paragraph (2)) it appears to ISA that—

(a) this paragraph applies to a person, and

(b) 40the person is or has been, or might in future be, engaged in
regulated activity relating to vulnerable adults.

(4) ISA must give the person the opportunity to make representations
as to why the person should not be included in the adults’ barred
list.

(5) 45Sub-paragraph (6) applies if—

(a) the person does not make representations before the end of
any time prescribed for the purpose, or

(b) the duty in sub-paragraph (4) does not apply by virtue of
paragraph 16(2).

(6) If ISA—

(a) is satisfied that this paragraph applies to the person, and

(b) 5has reason to believe that the person is or has been, or
might in future be, engaged in regulated activity relating
to vulnerable adults,

it must include the person in the list.

(7) Sub-paragraph (8) applies if the person makes representations
10before the end of any time prescribed for the purpose.

(8) If ISA—

(a) is satisfied that this paragraph applies to the person,

(b) has reason to believe that the person is or has been, or
might in future be, engaged in regulated activity relating
15to vulnerable adults, and

(c) is satisfied that it is appropriate to include the person in the
adults’ barred list,

it must include the person in the list.”

(7) In paragraph 9 of that Schedule to that Order (inclusion in adults’ barred list
20on behaviour grounds)—

(a) in sub-paragraph (1)(a) for the words from “has” to “conduct,”
substitute “—

(i) has (at any time) engaged in relevant
conduct, and

(ii) 25is or has been, or might in future be,
engaged in regulated activity relating to
vulnerable adults,”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and”
at the end of the paragraph), insert—

“(aa) 30it has reason to believe that the person is or has
been, or might in future be, engaged in regulated
activity relating to vulnerable adults,”, and

(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

(8) In paragraph 11 of that Schedule to that Order (inclusion in adults’ barred
35list because of risk of harm)—

(a) in sub-paragraph (1)(a) for “falls within sub-paragraph (4)”
substitute “—

(i) falls within sub-paragraph (4), and

(ii) is or has been, or might in future be,
40engaged in regulated activity relating to
vulnerable adults,”,

(b) in sub-paragraph (3), after paragraph (a) (and before the word “and”
at the end of the paragraph), insert—

“(aa) it has reason to believe that the person is or has
45been, or might in future be, engaged in regulated
activity relating to vulnerable adults,”, and

(c) in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”.

Abolition of controlled activity

5 Omit Articles 25 to 27 of the Safeguarding Vulnerable Groups (Northern
Ireland) Order 2007 (controlled activity).

Abolition of monitoring

6 5Omit Articles 28 to 31 of the Safeguarding Vulnerable Groups (Northern
Ireland) Order 2007 (monitoring).

Information for purposes of making barring decisions

7 (1) In paragraph 19 of Schedule 1 to the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 (information required by ISA about persons
10to whom grounds for barring apply)—

(a) in sub-paragraph (1)—

(i) in paragraph (a) after “applies” insert “or appears to apply”,

(ii) in paragraph (b) for “apply” substitute “applies or appears to
apply”, and

(iii) 15omit paragraph (d),

(b) in sub-paragraphs (2) and (3) for “thinks might” substitute
“reasonably believes to”, and

(c) in sub-paragraph (6)—

(i) omit the words from “which” to “it is”, and

(ii) 20omit “or paragraph 20(2)”.

(2) In paragraph 20 of that Schedule to that Order (provision of information by
Secretary of State to ISA) for sub-paragraph (3) substitute—

“(3) Where the Secretary of State is under a duty under paragraph 1, 2,
7 or 8 to refer a matter to ISA, the Secretary of State must provide
25to ISA any prescribed details of relevant matter (within the
meaning of section 113A of the Police Act 1997) of a prescribed
description which has been made available to the Secretary of
State for the purposes of Part 5 of that Act.”

Review of barring decisions

8 30After paragraph 18 of Schedule 1 to the Safeguarding Vulnerable Groups
(Northern Ireland) Order 2007 (power to apply for review of a person’s
inclusion in a barred list) insert—

“18A (1) Sub-paragraph (2) applies if a person’s inclusion in a barred list is
not subject to—

(a) 35a review under paragraph 18, or

(b) an application under that paragraph,

which has not yet been determined.

(2) ISA may, at any time, review the person’s inclusion in the list.

(3) On any such review, ISA may remove the person from the list if,
40and only if, it is satisfied that, in the light of—

(a) information which it did not have at the time of the
person’s inclusion in the list,