|
|
| |
| |
|
| | ‘(1) | The Safeguarding Vulnerable Groups Act 2006 is amended as follows. |
|
| | (2) | In Schedule 4, paragraph 3, subsection (1)(a) after “exclusively or mainly for the |
|
| | provision of full-time education to children;”, insert “including further education |
|
| | colleges as defined under the Further and Higher Education Act 1992.”.’. |
|
| |
| |
| |
| | |
| To move the following Schedule:— |
|
| |
| | Safeguarding 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)) (regulated activity relating to |
|
| | children and the period condition) are amended as follows. |
|
| | (2) | In paragraph 1(1)(b) (frequency and period condition for regulated activity), at |
|
| | the beginning, insert “except in the case of activities falling within sub- |
|
| | |
| | (3) | After paragraph 1(1) insert— |
|
| | “(1A) | The following activities fall within this sub-paragraph— |
|
| | (a) | relevant 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 |
|
| | of 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 |
|
| | |
| | (i) | toileting (including in relation to the process of |
|
| | |
| | (ii) | washing or bathing, or |
|
| | |
| | (c) | the 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 |
|
| | |
|
|
| |
| |
|
| | (d) | the prompting, together with supervision, of a child, who is |
|
| | in need of it by reason of age, illness or disability, in |
|
| | relation 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 |
|
| | |
| | (i) | relates to the performance of the activity of eating |
|
| | |
| | (ii) | is given to a child who is in need of it by reason of |
|
| | illness or disability, and |
|
| | (iii) | does not fall within paragraph (c), or |
|
| | (f) | any form of training, instruction, advice or guidance |
|
| | |
| | (i) | relates to the performance of any of the activities |
|
| | listed in paragraph (b)(i) to (iii), |
|
| | (ii) | is 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 children, |
|
| | 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, |
|
| | “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 |
|
| | |
| | (1D) | Any reference in this Part of this Schedule to health care provided |
|
| | by, 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 regulated |
|
| | 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) | is 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— |
|
| | |
| | (i) | is carried out on a temporary or occasional basis, |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| | in regulated activity relating to children”. |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | basis 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 children.” |
|
| | (7) | In paragraph 2 (activities referred to in paragraph 1(1))— |
|
| | (a) | in sub-paragraph (1) omit paragraph (d) (treatment and therapy |
|
| | |
| | (b) | in sub-paragraph (2)— |
|
| | (i) | for “, (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 |
|
| | regular basis, subject to the day to day supervision of |
|
| | another person who is engaging in regulated activity |
|
| | |
| | (3B) | Sub-paragraph (1)(b)— |
|
| | (a) | does not include any health care provided |
|
| | otherwise 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 |
|
| | person who is engaging in regulated activity |
|
| | |
| | (3C) | 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) | In 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) | in 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 |
|
| | |
| | (2) | Omit 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) | For paragraph 7(1) to (3) (main activities which are regulated activity) |
|
| | |
| | “(1) | Each of the following is a regulated activity relating to vulnerable |
|
| | |
| | (a) | the provision to an adult of health care by, or under the |
|
| | direction 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 |
|
| | matters to an adult who is in need of it by reason of age, |
|
| | |
| | (e) | any relevant assistance in the conduct of an adult’s own |
|
| | |
| | (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, |
|
| | |
| | (i) | involving, 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 |
|
| | individuals, 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 |
|
| | |
| | (3) | A health care professional is 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 |
|
| | |
| | (3A) | Any reference in this Part of this Schedule to health care provided |
|
| | by, or under the direction or supervision of, a health care |
|
|
|
| |
| |
|
| | professional 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 |
|
| | by reason of age, illness or disability, in connection with— |
|
| | (i) | eating or drinking (including the administration of |
|
| | |
| | (ii) | toileting (including in relation to the process of |
|
| | |
| | (iii) | washing or bathing, |
|
| | |
| | |
| | (vi) | the care of skin, hair or nails (other than nail care |
|
| | provided by a chiropodist or podiatrist), |
|
| | (b) | the prompting, together with supervision, of a person who |
|
| | is 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) | any form of training, instruction, advice or guidance |
|
| | |
| | (i) | relates to the performance of any of the activities |
|
| | |
| | (ii) | is given to a person who is in need of it by reason |
|
| | of age, 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 |
|
| | concerned 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, |
|
| | |
| | (3E) | Relevant 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) | registered 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) | the appointment of a representative to receive payments on |
|
| | behalf of the person in pursuance of regulations made |
|
| | under the Social Security Administration (Northern |
|
| | |
| | (3) | Omit paragraph 7(4) (certain activities in residential care or nursing homes to |
|
| | |
| | (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 |
|
| | are 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) | For 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) |
|
| | |
| | “(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 |
|
| | regulated activity relating to children, |
|
| | | the Secretary of State must refer the matter to ISA. |
|
| | (3) | If (whether or not on a reference under sub-paragraph (2)) ISA— |
|
| | (a) | is satisfied that this paragraph applies to a person, and |
|
| | (b) | has reason to believe that the person is or has been, or might |
|
| | in future be, engaged in regulated activity relating to |
|
| | |
| | | it must include the person in the children’s barred list.” |
|
| | (2) | For 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) | the 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) | this 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 barred |
|
| | |
| | (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 |
|
| | |
| | |
| | (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 to |
|
| | |
| | | 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. |
|
| | |
| | (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 to |
|
| | |
| | (c) | is satisfied that it is appropriate to include the person in the |
|
| | |
| | | it must include the person in the list.” |
|
| | (3) | In paragraph 3 of that Schedule to that Order (inclusion in children’s barred list |
|
| | |
| | (a) | in sub-paragraph (1)(a) for the words from “has” to “conduct,” |
|
| | |
| | (i) | has (at any time) engaged in relevant |
|
| | |
| | (ii) | is or has been, or might in future be, |
|
| | engaged in regulated activity relating to |
|
| | |
| | (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) | in 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) | falls within sub-paragraph (4), and |
|
| | (ii) | is or has been, or might in future be, |
|
| | engaged in regulated activity relating to |
|
| | |
| | (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) | in sub-paragraph (3)(b) for “appears to ISA” substitute “is satisfied”. |
|
|