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The Domestic Abuse Information-sharing with Schools etc. Regulations (Northern Ireland) 2022

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Domestic Abuse Information-sharing with Schools etc. Regulations (Northern Ireland) 2022 No. 146

Interpretation

This section has no associated Explanatory Memorandum

2.  In these Regulations—

abusive behaviour” has the meaning given by section 2 of the Act;

the Act” means the Domestic Abusive and Civil Proceedings Act (Northern Ireland) 2021;

compulsory school age” has the meaning given by Article 46 of the 1986 Order;

child” means a pupil or a student within the meaning of this paragraph;

class teacher” for the purposes of these Regulations means persons of the following description at an education provider—

(a)

classroom assistant;

(b)

course instructor including any substitute;

(c)

lecturer including any substitute;

(d)

member of teaching staff including any substitute;

(e)

relevant support staff;

a designated person” means—

(a)

the key adult safeguarding lead or deputy at an education provider;

(b)

the designated child protection officer or deputy at an education provider;

(c)

the designated safeguarding officer or deputy at an education provider; and

(d)

any other person at an education provider acting in an equivalent capacity to those persons described at paragraphs (a) to (c);

the Education Authority” means the body established by section 1(1) of the Education Act (Northern Ireland) 2014(1)and for the purposes of these Regulations refer to staff carrying out a child protection or safeguarding function;

the Education Orders” has the meaning given by Article 2(2) of the 1986 Order;

an education provider” means—

(a)

a school (which includes a nursery school) within the meaning of Article 2(2) of the 1986 Order;

(b)

an institution of further education within the meaning of Article 2(2) of the Further Education (Northern Ireland) Order 1997(2);

(c)

a non-school body which provides pre-school education (or any facility or setting at which pre-school education is provided);

(d)

the College of Agriculture, Food and Rural Enterprise in Northern Ireland;

(e)

any body or facility folding a contractual relationship with the Department for the Economy for the purposes of providing publically funded vocational training programmes or apprenticeships; and

(f)

any other body or facility which provides education or training of any kind (or any facility or setting at which education or training of any kind is provided);

an incident of domestic abuse concerning a child” has the meaning set out in Regulation 4;

pre-school education” has the meaning given by Article 17(8) of the Education (Northern Ireland) Order 1998(3);

pupil” means a person—

(a)

aged under compulsory age who is registered in their immediate pre-school year for a funded pre-school education place; or

(b)

who—

(i)

has achieved compulsory age;

(ii)

is aged under eighteen years;

(iii)

is registered at an education provider; and

(iv)

in respect of whom education is provided under the Education Orders at an education provider;

a relevant incident” means—

(a)

any police recorded incident of domestic abuse which a relevant person reasonably believes constitutes an incident of domestic abuse concerning a child, or

(b)

any incident (including a potential incident) involving domestic abuse which comes to the attention of a relevant person, which the relevant person reasonably believes constitutes an incident of domestic abuse concerning a child;

a relevant person” means a police officer or police support staff within the meaning of the Police (Northern Ireland) Act 2000(4);

relevant support staff” means any person at an education provider, other than a class teacher, who—

(a)

acts in a pastoral care role;

(b)

acts in a disability support role; or

(c)

is a member of education and training and support staff;

student” means aged over compulsory school age but under 18 years and who is—

(a)

registered at a recognised institution of further education within the meaning of Article 2(2) of the Further Education (Northern Ireland) Order 1997;

(b)

registered at the College of Agriculture, Food and Rural Enterprise in Northern Ireland; or

(c)

registered on a publically funded vocational training programme or apprenticeship provided by a body holding a contractual relationship with the Department for the Economy at any facility or setting in Northern Ireland;

the 1986 Order” means the Education and Libraries (Northern Ireland) Order 1986(5).

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