Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012

5.

Prescribed organisations.

5.— (1) An organisation or body which provides services to children or vulnerable persons or both who have suffered injury, harm or damage as a result of physical or sexual abuse may apply to the Minister, in accordance with this section, to be a prescribed organisation for the purposes of section 4.

(2) An application by an organisation or body under subsection (1) shall be made in the manner specified by the Minister and shall be accompanied by particulars in writing of the following matters in relation to the organisation or body:

(a) the nature and type of services provided by the organisation or body to children or vulnerable persons or both;

(b) the numbers of children or vulnerable persons or both to whom services were provided by the organisation or body before the date of the application for such period or periods as the Minister may specify;

(c) the legal status of the organisation or body; and

(d) the code of practice (if any) of the organisation or body (by whatever name called) with regard to the provision of its services and, in particular, its procedures and protocols for ensuring compliance with this Act.

(3) If, in relation to an application under subsection (2), the Minister is satisfied having regard to the provisions of section 4 that it is appropriate to do so, he or she may prescribe the organisation or body concerned as a prescribed organisation for the purposes of that section.

(4) If, in relation to an application under subsection (2), the Minister is not satisfied having regard to the provisions of section 4 that it is appropriate to prescribe the organisation or body concerned as a prescribed organisation for the purposes of that section, he or she shall refuse the application.

(5) The Minister shall inform the organisation or body concerned in writing of his or her decision in relation to an application under subsection (2) and of the reasons for that decision.

(6) Where an organisation or body has been prescribed by the Minister under this section for the purposes of section 4, the Minister may, if he or she is of opinion that it is no longer appropriate for the organisation or body to be so prescribed, revoke that prescription of the organisation or body by order made under this subsection for that purpose.

(7) Whenever the Minister proposes to make an order under subsection (6), he or she shall inform the organisation or body concerned in writing of the proposal and of the reasons for it and he or she may specify a period for the making of a submission under subsection (8).

(8) An organisation or body to which a proposal to make an order under subsection (6) relates may make a submission to the Minister within the period (if any) specified by the Minister under subsection (7) regarding the proposal specifying the reasons why the order should not be made.

(9) The Minister shall consider any submission made to him or her under subsection (8) before making an order under subsection (6).

(10) In this section and in section 6 “services” means services relating to—

(a) the resolution, through guidance, counselling or otherwise, of personal, social or psychological problems,

(b) the care of persons in need of protection, guidance or support,

being services that require a person providing them to exercise skill or judgement in relation to them.

Annotations

Editorial Notes:

E5

Power pursuant to section exercised (30.04.2015) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (Prescribed Organisations and Prescribed Persons) Order 2015 (S.I. No. 159 of 2015), in effect as per art. 2.

E6

Power pursuant to section exercised (2.05.2014) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (Prescribed Organisations and Prescribed Persons) Order 2014 (S.I. No. 197 of 2014), in effect as per art. 2.

E7

Power pursuant to section exercised (12.10.2013) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (Prescribed Organisations and Prescribed Persons) (No. 2) Order 2013 (S.I. No. 402 of 2013), in effect as per art. 2.

E8

Power pursuant to section exercised (14.01.2013) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (Prescribed Organisations and Prescribed Persons) Order 2013 (S.I. No. 1 of 2013), in effect as per art. 2.