Citation and commencement

1. This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Devolution Alignment) Order 2009 and comes into force on 13th March 2009.

Amendments to the Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2008

2. —(1) The Safeguarding Vulnerable Groups Act 2006 (Transitory Provisions) Order 2009( 2 ) is amended as follows.

(2) After article 6, insert—

“ Effect of inclusion in the Northern Ireland children’s barred list

6A. —(1) This article applies if IBB, in exercise of its functions under the Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009 ( 3 ) , includes a person (X) in the children’s barred list established and maintained under Article 6(1)(a) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ( 4 ) (“the Northern Ireland children’s barred list”).

(2) Subject to paragraph (4) X must be treated for all purposes as if X—

(a) is included in the list maintained under section 1 of the 1999 Act;

(b) is subject to a direction under section 142 of the 2002 Act.

(3) Accordingly, a reference in any enactment or subordinate legislation to a person included in that list or subject to such a direction includes a reference to a person included in the Northern Ireland children’s barred list.

(4) Paragraphs (2) and (3) do not apply for the purposes of—

(a) section 1(3) or 4 of the 1999 Act;

(b) section 144 of the 2002 Act;

(c) article 2 or 3 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008. ” .

(3) After article 7, insert—

“ Effect of inclusion in the Northern Ireland adults’ barred list

7A. —(1) This article applies if IBB, in exercise of its functions under the Safeguarding Vulnerable Groups (Transitory Provisions) Order (Northern Ireland) 2009, includes a person (X) in the adults’ barred list established and maintained under Article 6(1)(b) of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (“the Northern Ireland adults’ barred list”).

(2) Subject to paragraph (4) X must be treated for all purposes as if X is included in the list kept under section 81 of the 2000 Act.

(3) Accordingly, a reference in any enactment or subordinate legislation to a person included in that list includes a reference to a person included in the Northern Ireland adults’ barred list.

(4) Paragraphs (2) and (3) do not apply for the purposes of—

(a) section 81(3) or 86 of the 2000 Act;

(b) article 4 of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008. ” .