The Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025
This Order extends key provisions of the UK's Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Act 2012 to the Isle of Man.
Specifically, it mandates information sharing between the Isle of Man Constabulary and the UK's Disclosure and Barring Service to support barring decisions, making changes to the Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 to reflect this.
The modifications ensure consistent safeguarding standards and enhance the protection of vulnerable adults and children in the Isle of Man.
Arguments For
Enhanced Child and Adult Protection: Extends UK legislation designed to protect vulnerable groups, ensuring consistent safeguarding standards across jurisdictions.
Improved Information Sharing: Facilitates better information sharing between the Isle of Man Constabulary and the UK's Disclosure and Barring Service (DBS), improving barring decisions and preventing individuals with concerning backgrounds from working with vulnerable populations.
Legal Consistency and Harmonization: Aligns Isle of Man legislation with UK standards, simplifying procedures and reducing inconsistencies in safeguarding practices.
Prevention of Harm: By implementing more robust background checks and information sharing, the order aims to prevent harm to vulnerable individuals.
Arguments Against
Potential Administrative Burden: Implementing the changes may require administrative adjustments in both the Isle of Man and the UK, potentially leading to temporary inefficiencies.
Data Privacy Concerns: Increased information sharing raises potential concerns regarding data privacy and the security of sensitive personal information.
Resource Allocation: The Isle of Man may need to allocate resources to implement and maintain the new procedures.
Unforeseen Consequences: While unlikely, there is always the potential for unintended consequences when extending legislation across different jurisdictions.
- Citation, commencement, interpretation and extent (1) This Order may be cited as the Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025 and comes into force on the day after the day on which it is made. (2) In this Order— “the 2006 Act” means the Safeguarding Vulnerable Groups Act 2006; “the 2012 Act” means the Protection of Freedoms Act 2012. (3) This Order extends to the Isle of Man.
This section provides the title and effective date of the Order.
It defines "the 2006 Act" and "the 2012 Act" for clarity and specifies that the Order applies to the Isle of Man.
The order's official name is the Safeguarding Vulnerable Groups Act 2006 (Isle of Man) Order 2025.
It takes effect the day after it is enacted.
- Extension of provisions of the 2006 Act and the 2012 Act to the Isle of Man The following provisions extend to the Isle of Man, subject to the modifications set out in the Schedule to this Order— (a) paragraph 19 of Schedule 3 (barred lists: information) to the 2006 Act; (b) section 70(1) (information for purposes of making barring decisions) of the 2012 Act; (c) paragraph 129 of Schedule 9 (consequential amendments) to the 2012 Act; (d) Part 5 of Schedule 10 (safeguarding of vulnerable groups) to the 2012 Act, to the extent that it amends paragraph 19 of Schedule 3 to the 2006 Act.
This section outlines which specific parts of the 2006 and 2012 Acts are being extended to the Isle of Man.
These provisions relate to information sharing and barring lists, designed to protect vulnerable individuals.
The extension is subject to the modifications detailed in the Schedule.
- Consequential amendment of the Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 (1) The Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012 is amended as follows. (2) In article 4(4) (extension of Part 5 of Schedule 10 to the 2012 Act to the Isle of Man), for “subject to the modifications specified in Schedule 4” substitute “to the extent that it repeals the following provisions of the Police Act 1997— (a) section 113BA(2)(b) to (d); (b) section 113BB(2)(b) to (d). (3) Omit Schedule 4 (modifications of Part 5 of Schedule 10 to the 2012 Act).
This section describes amendments to the Police Act 1997 (Criminal Records) (Isle of Man) (Amendment) Order 2012.
It clarifies that the extension of Part 5 of Schedule 10 to the 2012 Act applies only to repeal specific sections of the Police Act 1997 and removes Schedule 4, which is now redundant.
SCHEDULE Modifications of provisions of the 2006 Act and 2012 Act in their extension to the Isle of Man Article 2
- (1) Paragraph 19 of Schedule 3 (barred lists: information) to the 2006 Act is modified as follows. (2) In sub-paragraphs (1), (4), (5), (6) and (7), for “IBB”, wherever it appears, substitute “DBS”. (3) In sub-paragraph (1)(a), after “paragraphs 1 to 5 or 7 to 11” insert “(as those paragraphs have effect in England and Wales)”. (4) In sub-paragraph (1)(b), after “any of those paragraphs” insert “(as those paragraphs have effect in England and Wales)”. (5) In sub-paragraph (4), for “appropriate police authority” substitute “Department of Home Affairs of the Isle of Man Government”. (6) In sub-paragraph (7), in the definition of “caution”, after “(c. 50)” insert “and includes any equivalent caution lawfully given in the Isle of Man”. (7) After sub-paragraph (7A), insert—(7B) In this paragraph references to DBS are references to the Disclosure and Barring Service established by section 87(1) of the Protection of Freedoms Act 2012. (8) Omit sub-paragraph (8).
- In paragraph 129(5) of Schedule 9 (consequential amendments) to the 2012 Act, in the substituted definition of “the relevant chief officer”, for “the Secretary of State” substitute “DBS”.
This schedule details the specific modifications made to the legislation being extended to the Isle of Man.
These changes primarily involve replacing references to the Independent Barring Board (IBB) with the Disclosure and Barring Service (DBS) and making adjustments to terminology and authorities to fit the Isle of Man context.