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

6.

Prescribed persons.

6.— (1) An organisation or body prescribed under section 5, or an organisation or body applying to be so prescribed, 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, for a class or classes of persons employed or otherwise engaged by the organisation or body in the provision of those services to be prescribed persons 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 class or classes of persons concerned:

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

(b) the expertise and qualifications of such persons to provide such services;

(c) the accreditation or certification (if any) held by such persons in relation to the provision of such services;

(d) the arrangements that the organisation or body has in place for the training and development of such persons to provide such services; and

(e) the procedures and systems that the organisation or body has in place for assessing the quality of the services provided by such persons.

(3) A class or classes of persons employed or otherwise engaged by an organisation or body may not be prescribed under this section if the organisation or body is not prescribed under section 5.

(4) 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 class or classes of persons concerned employed or otherwise engaged by the organisation or body in the provision of its services as prescribed persons for the purposes of that section and, in particular, the Minister shall be satisfied that members of that class or those classes are qualified to provide such services and to form a view referred to in subsection (12) of that section in relation to a child or vulnerable person in the circumstance referred to in that subsection.

(5) 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 class or classes of persons concerned employed or otherwise engaged by the organisation or body in the provision of its services as prescribed persons for the purposes of that section, he or she shall refuse the application.

(6) 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.

(7) Where a class or classes of persons have 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 class or classes of persons to be so prescribed, revoke that prescription of the class or classes of persons by order made under this subsection for that purpose.

(8) Whenever the Minister proposes to make an order under subsection (7), he or she shall inform the organisation or body to which the proposal relates 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 (9).

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

(10) The Minister shall consider any submission made to him or her under subsection (9) before making an order under subsection (7).

Annotations

Editorial Notes:

E9

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.

E10

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.

E11

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.

E12

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.