CONTENTS
Introduction to the Code of Practice

Who does this code apply to? Page 3

Disclosure Offences Page 4

What happens if the Code is breached? Page 5

Registered Body Obligations

Registration details. Page 6

Application process Page 6

Verification of identity Page 7

Data handling Page 7

Suitability policy Page 8

Payment of fees Page 9

Eligibility Page 10

Compliance requests Page 11

General Page 11

Annex A

Data Protection Act 2018 Page 12

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INTRODUCTION TO CODE OF PRACTICE

AccessNI was established in April 2008 to provide criminal record certificates. There are specific legal requirements around the provision of such certificates set out in Part V of the Police Act 1997(1). Section 122(2) of that Act requires the Minister of Justice to publish a Code of Practice in connection with the use of information provided to, or the discharge of any function by Registered Bodies.

WHO DOES THIS CODE APPLY TO?

This Code of Practice applies to all organisations registered with AccessNI under section 120(3) of the Police Act 1997. These are known as Registered Bodies. This includes those Registered Bodies that provide an umbrella function to non-registered organisations. The Code covers any information provided by AccessNI and made available to the Registered Body by AccessNI or an applicant.

AccessNI will seek to ensure compliance with the Code through a full range of assurance management processes, including scheduled visits to the premises where Registered Bodies discharge their functions and video conference and telephone audits.

NB: All applicants for an AccessNI check should be made aware of this Code of Practice and provided with a copy on request.

The Code of Practice does not apply to other third parties.

(1) Link to : Part V of the Police Act 1997
(2) Link to : Section 122 of the Police Act – Code of Practice
(3) Link to : Section 120 of the Police Act – Registered Persons
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DISCLOSURE OFFENCES: SECTIONS 123 AND 124 OF THE POLICE ACT 1997(4)

Although disclosure certificates are provided directly to the applicant, Registered Bodies have access to personal information about applicants in the following circumstances:-

 in respect of applications submitted for countersigning;
 where certificates are provided to them by their employees or applicants for
positions, including volunteers; or
 from the on-line case tracking function provided by AccessNI through the NIDirect
website.

Recipients of disclosure information as set out in the applicant’s disclosure certificate must note that it is an offence to disclose information contained within an AccessNI certificate:-

 to any person who is not a member, officer or employee of the Registered Body or their client (where the Registered Body provides an umbrella function) unless a relevant legal exception applies; or

 to any member, officer or employee where it is not related to that employee’s duties.

The only exceptions to this are where:-

 the Registered Body has the written consent of the applicant;

 the information is provided to a Government Department;

 the information is provided to any person who has specific legislative powers that enable them to see or obtain such information; or

 the information is provided to a person to whom the Registered Body or their client has a statutory obligation to provide such information.

(4)Link to : Section 123 of the Police Act – Offences : falsification
Link to : Section 124 of the Police Act – Offences : disclosure
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It is also an offence to:-

 Knowingly make a false statement for the purpose of obtaining, or enabling another person to obtain, a certificate.

An offence may also occur where information provided through the case tracking system is used inappropriately.

Registered Bodies believed to have committed an offence will be liable to prosecution, suspension and/or de-registration.

WHAT HAPPENS IF THE CODE IS BREACHED?

The Police Act 1997 (Criminal Records) (Registration) Regulations 2007, as amended, set out Conditions of Registration (Regulation 7)(5). Regulation 7(h) requires Registered Bodies to comply with this Code of Practice.

Failure to comply with Conditions of Registration can result in refusal by AccessNI to issue disclosure certificates, the suspension and/or cancellation of registration.

Failure to comply with requirements set out in the Data Protection Act 2018 may also result in enforcement action from the Information Commissioner’s Office (ICO).

Registered Bodies must report promptly to AccessNI any suspected malpractice in relation to this code or any suspected offences in relation to the misuse of disclosure certificates.

5 Link to : Conditions of Registration (Regulation 7)
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REGISTERED BODY OBLIGATIONS

The Police Act 1997 (Criminal Records) (Registration) Regulations 2007 set out the obligations a Registered Body must meet in order to retain its registration with AccessNI.

REGISTRATION DETAILS

AccessNI maintains a register of all persons and organisations who wish to ask the exempted question under the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979(6) and countersign applications for disclosure certificates. Registered Bodies must:-

 Keep AccessNI informed of changes to signatories and organisational changes such as name, address, contact details etc;

 Maintain accounts online, through the NIDirect website and delete either the Registered Body’s account or that of individual Lead Signatory or Counter Signatories when no longer required; and

 Add to the register at least one other Signatory, in addition to the Lead Signatory.

APPLICATION PROCESS

Registered Bodies must:-

 Submit applications for an AccessNI certificate in the format determined by AccessNI.

 Ensure that applications for AccessNI certificates are completed accurately and that all data fields as determined by AccessNI as mandatory are completed in full.

 Ensure that any applications submitted electronically are made on the NIDirect system.

(6) Please note there is no single consolidated version of this legislation available
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 Ensure that log-in and password details for the NIDirect system, provided by AccessNI, are not shared with anyone that is not a registered signatory. Where details are shared this must be solely for the purpose of countersigning applications.

VERIFICATION OF IDENTITY

Registered Bodies must:-

Verify the identity of the applicant prior to the submission of an application for an AccessNI certificate by following the current guidelines issued by AccessNI.

Ensure that the applicant details on the disclosure application match those on the identity documentation.

Ensure that any person undertaking identity verification checks on their behalf follows the current guidelines issued by AccessNI.

Make sure lead or counter signatories do not validate or countersign their own applications for any AccessNI certificate.

DATA HANDLING

In line with the Data Protection Act 2018, Registered Bodies must:-

Handle all information provided to them by AccessNI, as a consequence of applying for an AccessNI certificate, in line with the obligations under Data Protection Act 2018. The principles of the Data Protection Act 2018 are set out at Annex A of this document.

Handle all information provided to them by their employee (or potential employee) for an AccessNI application in line with the obligations under Data Protection Act 2018.

Ensure that where a certificate, or a copy of a certificate, is obtained from an applicant that it is not retained longer than is required for the specific purpose of taking a decision on that applicant’s suitability. (Please note that information

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disclosed on AccessNI certificates is regarded under the Data Protection Act as ‘sensitive personal data’ in that it consists of information as to the commission or alleged commission of any offence).

 Ensure that a result received as part of an application submitted electronically is not reproduced in such a way that it infers that it is a certificate issued by AccessNI.

 (For those bodies providing an umbrella function) ensure that any third parties they deal with in respect of disclosures are aware of the Data Protection Act 2018 and provide them with guidance on secure handling and storage of information. For Data Protection purposes, information passed to a Registered Body by AccessNI remains the responsibility of the Registered Body even if passed to a third party.

 Ensure business continuity and disaster recovery measures are in place and comply with Data Protection requirements.

 In particular, comply with security requirements of the Data Protection Act 2018.

AccessNI also requires Registered Bodies to have a written policy on the secure handling of information provided by AccessNI and make it available to individuals at the point of requesting the person to complete an AccessNI application.
Where AccessNI considers that a Registered Body may be in breach of the obligations set out in this section, it may report this to the Information Commissioner’s Office (ICO).

Failure to comply with Data Protection Act requirements could result in enforcement action from the ICO.

SUITABILITY POLICY

Registered Bodies must:-

 Have a written policy on the suitability of ex-offenders for employment in relevant positions that should not unfairly discriminate on the basis of conviction or other information disclosed. This policy should be available upon request to potential applicants and, in the case of those carrying out an umbrella function, should be made available to their clients.

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 Ensure that all applicants for relevant positions or employment are notified in advance of the requirement for a criminal record check through AccessNI.

 Notify all potential applicants of the possible effect of a criminal record history on the recruitment and selection process and any recruitment decision.

 Discuss the content of the Disclosure with the applicant before withdrawing any offer of employment.

PAYMENT OF FEES

Registered Bodies must:-

 Pay all registration fees in line with time periods set out in Regulations 7(a), (b) and
(c) of the Police Act 1997 (Criminal Records) (Registration) Regulations (Northern Ireland) 2007.

 Pay all fees related to criminal records check applications submitted after any decision by AccessNI to suspend registration or deregister the organisation.

 Correctly apply the definition of a volunteer, as set out in Regulation 4(d) of the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland 2008), as amended7, to each criminal records check application to ensure that the individual is eligible for an application at no fee.

 (Where performing an umbrella function on behalf of others) publish all fees, in relevant documentation, associated with the processing and countersigning of criminal records check applications.

 (Where performing an umbrella function) notify AccessNI in writing of these fees or any change to the fees associated with the processing and countersigning of criminal records check applications.

( 7) Link to : AccessNI volunteer definition
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ELIGIBILITY
.
Eligibility for AccessNI checks is set out in the following legislation:-

Standard checks – to be eligible for a Standard level AccessNI certificate, the position must be included in the Rehabilitation of Offenders (Exceptions) (Northern Ireland) Order 1979 (the ROO Exceptions Order).

Enhanced checks – to be eligible for an Enhanced level AccessNI certificate, the position must be included in both the ROO Exceptions Order and Regulation 9 in the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008, as amended(8).

Enhanced checks with children’s and/or adults’ barred list – to be eligible to request a check of the barred lists, the position must be specifically listed in Regulation 9A and/or 9B of the Police Act 1997 (Criminal Records) (Disclosure) Regulations.

Registered Bodies must:-

 Use all reasonable endeavours to ensure that they only submit applications in accordance with the legislative provisions which provide eligibility criteria for relevant positions or employment.

 Ensure that before countersigning an AccessNI application to be submitted they have assessed the role to be eligible under current legislation, correctly requested the correct level of check, and correctly requested the appropriate barring list information.

 Ensure they are legally entitled to request any AccessNI certificate applied for.

(8)Link to : Regulation 9 in the Police Act 1997 (Criminal Records) (Disclosure) Regulations (Northern Ireland) 2008, as amended
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COMPLIANCE REQUESTS

Registered Bodies must co-operate in full and in line with the timescales in current procedures when AccessNI enquiries are made in relation to:-

 Compliance with the obligations under this Code.

 Implementing the suspension or de-registration of a Registered Body where non-
compliance is established in line with current procedures.

GENERAL

In order to ensure the veracity of the disclosure process AccessNI will, from time to time, issue instructions, advice and guidance (including details of legislative change) to Registered Bodies. These communications will be issued to the email address of Registered Persons as held on their NIDirect account.

Registered Bodies must comply with all instructions and legislative provisions issued in AccessNI circulars and guidance literature. Failure to do so may constitute a breach of this Code of Practice.

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Annex A

DATA PROTECTION ACT 2018

You must have a valid lawful basis in order to process personal data.

There are six available lawful bases for processing. No single basis is ’better’ or more important than the others – which basis is most appropriate to use will depend on your
purpose and relationship with the individual.

1. Most lawful basis require that processing is ‘necessary’. If you can reasonably achieve the same purpose without the processing, you won’t have a lawful basis.

2. You must determine your lawful basis before you begin processing, and you should document it. Take care to get it right first time – you should not swap to a different lawful basis at a later date without good reason.

3. Your privacy notice should include your lawful basis for processing as well as the purposes of the processing.

4.If your purposes change, you may be able to continue processing under the original lawful basis if your new purpose is compatible with your initial purpose (unless your original lawful basis was consent).

5. If you are processing special category data you need to identify both a lawful basis for general processing and an additional condition for processing this type of data.

6. If you are processing criminal conviction data or data about offences you need to identify both a lawful basis for general processing and an additional condition for processing this type of data.

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Privacy Notice
AccessNI, a branch of the Department of Justice in Northern Ireland
Address: PO Box 1085
Belfast BT5 9LE
Telephone: 0300 200 7888
Email: ani@accessni.gov.uk

Data Protection Officer contacts:
Telephone: 02890 526111/526498
Email: dpqueries@accessni.gov.uk

Why are you processing my personal information?

The processing of personal information enables AccessNI to provide a public service to individuals who for the purposes of employment or volunteering, require a certificate setting out details of their criminal record or other relevant information. The certificate can also be used to establish no such information is available about the applicant

AccessNI also processes personal data to enable registration with AccessNI for the purposes of countersigning applications made by individuals.

AccessNI has a legal basis for processing this information in line with the General Data Protection Regulations. This is that the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority. In other words, AccessNI processes personal information in line with the statutory authority it has been given by the Northern Ireland Assembly. The process of application and disclosure of criminal record and other information is set out in Part V of the Police Act 1997 and subsidiary regulations.
https://www.justice-ni.gov.uk/articles/accessni-legislation-and-guidance

What categories of personal data are you processing?

For the purpose of creating an account on NIDirect, AccessNI processes the personal data provided by individuals who apply electronically for certificates or want to register with AccessNI. This personal data consists of;

 Name,
 Address,
 E-mail address,
 phone number; and
 Password,;

For the purposes of making an application or registering with AccessNI after opening an account on NI Direct the following information is processed;

 Names, including previously used forenames and surnames;
 Address details for the past 5 years;
 Dates of birth;
 Gender;
 National insurance number.

Applicants and those registering may, but are not obliged to provide details of;

 Passport and driving licence numbers and the country or origin;
 Contact phone numbers and e-mail addresses
 Nationality;

As a result of processing the personal data of an applicant or those registering with AccessNI, sensitive personal information may be held in the form of;

 a criminal record;
 their status in relation to working with children and adults; and/or
 information held by the police that is relevant and ought to be disclosed but does
not form part of the criminal record.

In relation to applicants only, any relevant sensitive personal information is also processed and recorded on a certificate issued by AccessNI to the applicant. No additional copies of this certificate are shared with any third party.

The table below sets out the types of certificates issued by AccessNI together with the information contained within them;

Type of certificate. Information processed
BASIC Unspent criminal convictions

STANDARD. Spent and unspent criminal convictions and non-court disposals including cautions, informed warnings and diversionary youth conferences

ENHANCED As standard, together with any relevant information held by UK police forces and where appropriate, information held by the Disclosure and Barring Service or Scottish Government relating to a person’s status in relation to working with children/adults

Where do you get my personal data from?

 AccessNI receives personal data from the individual through the application form used for applying for a certificate or by those wishing to be registered with AccessNI.
 AccessNI obtains details of criminal records from the Police National Computer and/or the Causeway criminal record viewer in Northern Ireland.;
 AccessNI obtains a police intelligence database from the Disclosure and Barring Service; and
 AccessNI receives information from the Disclosure and Barring Service and the Scottish Government about those persons in the UK who are not allowed to work with children and adults

Do you share my personal data with anyone else?

AccessNI has a case tracking system that can be viewed by a person registered with AccessNI that has countersigned the application. The personal information held on this case tracking system is limited to;

 AccessNI certificate number; and
 Name of applicant;

Information is only shared with other organisations where this is required on a statutory basis or where the applicant has sought to challenge the disclosure of information on a certificate. Information is normally shared where the application is for an enhanced certificate only, but may be shared in specific circumstances where the application is for other types of certificates, for example in the case of a dispute about information disclosed in the certificate.
Personal data may be shared with

(a) The PSNI and other police forces across the UK where the application is for an enhanced criminal record certificate and personal information is potentially matched to personal information held on a police intelligence database.

Purpose
To determine if information relevant to the application is held by any police force. This is for the detection and prevention of crime and to safeguard vulnerable groups.

(b) The Disclosure and Barring Service and Scottish Government, where the application is for an enhanced criminal record certificate together with a check of the “barred” lists.

Purpose
To determine if the applicant is on the lists of those persons not allowed to work with vulnerable groups (“barred lists”). This is for the detection and prevention of crime and to safeguard vulnerable groups.

(c) The Association of Chief Police Officers Criminal Records Office (ACRO), where the applicant is a national of one of 9 EU countries and is seeking an enhanced criminal record certificate to work with children in Northern Ireland. ACRO in turn, share the information with the relevant EU Member state. The countries are France, Germany, Italy, Lithuania, Poland, Portugal, Romania, Slovakia and Spain.

Purpose
To determine if the applicant’s home nation has any record of relevant offences for the applicant. This is for the detection and prevention of crime and to safeguard children.

(d) Any UK police force making a legitimate and lawful request to AccessNI about information it holds about an individual as a result of an application being made for one of its services.

Purpose
This is for the detection and prevention of crime.

(e) The Disclosure and Barring Service where they have reason to consider that an individual may no longer able to work with vulnerable groups as a result of a criminal conviction.

Purpose
This is for the detection and prevention of crime and to safeguard vulnerable groups.

(f) The Independent Reviewer for criminal record certificates in Northern Ireland. This can be at the specific request of an applicant who wants to have an independent review of the criminal record information disclosed on a standard or enhanced certificate. In addition, where prior to the issue of a certificate, all of the criminal record information on that certificate relates to a time the applicant was under 18, personal data is automatically shared with the Independent Reviewer to enable him to review the disclosure of that information

Purpose
This to comply with Article 8 of the European Convention on Human Rights in order to protect the individual’s right to privacy and to balance this against the requirement to keep vulnerable groups safe.

(g) The Independent Monitor. This is at the specific request of an applicant who wants to have an independent review of the police information disclosed on an enhanced certificate.

Purpose
This to comply with Article 8 of the European Convention on Human Rights in order to protect the individual’s right to privacy and to balance this against the requirement to keep vulnerable groups safe.

(h) Departmental Solicitors’ Office in NI Civil Service

Purpose
Where an applicant or their legal representatives have issued legal proceedings, against AccessNI, for example Judicial Reviews

Do you transfer my personal data to other countries?

Yes, as set out at (c) in the table above. Any transfers made will be in full compliance with all aspects of the General Data Protection Regulations.

Where do you keep my personal data?

Depending on the specific purpose for which the data is being processed, it will either be retained on;
 The case management system used by AccessNI when processing disclosure applications; or
 The Department of Justice’s Electronic Document and Records Management System.

How long do you keep my personal data?

We retain your data for as long as necessary to process an application for a criminal record check and for the purposes of ensuring that the safeguarding of vulnerable groups is maintained after an application has been processed.

For all applications received between 1 April 2008 and 31 March 2015, AccessNI has retained the following personal data submitted in application forms for all types of certificates issued,

 Forenames and surnames,
 Date of birth
 Current (at that time) address,
 The work or volunteering position the application is related to; and
 An indicator as to whether the individual was matched with Northern Ireland criminal record information, criminal record information held on the Police National Computer, the police intelligence database or the lists of those not allowed to work with vulnerable groups.

For all applications received after 1 April 2015, AccessNI currently retains all the personal data provided by the applicant including;

 Forenames and surnames (including those previously used) and other names known by,
 Date and place of birth,
 Gender,
 Current address and all previous addresses within 5 years of the date of application
 National insurance number.
 The work or volunteering position the application is related to;
 Driving licence number, passport number and country of origin;
 Nationality;
 Contact phone number and e-mail address

Access NI also retains a copy of the disclosure certificate issued to the applicant which details;

 Convictions held on the Police National Computer that can be disclosed in line with legislation;
 Non-court disposals held on the Police National Computer, that can be disclosed in line with legislation;
 Information provided by UK police forces for disclosure on enhanced criminal record certificates; and
 Information provided by the Disclosure and Barring Service and Scottish Government about the applicants status in terms of working with vulnerable groups for enhanced criminal record certificates.
 Information provided by The Association of Chief Police Officers Criminal Records Officer (ACRO) in regard to criminal record information held about the Applicant in their home country.

Where application is made on a paper application form, the personal information on that application is transferred to the AccessNI IT system and retained as set out above. The paper application form is retained for a period of 3 months and then securely shredded by AccessNI staff.

For all persons registered with AccessNI, personal data supplied on the application form is retained in line with those applications received after 1 April 2015. This information is retained for as long as an individual is registered with AccessNI.
Once a person is no longer registered with AccessNI, the following information is retained;  Name;
 Date of birth;
 National insurance number; and
 Telephone number and e-mail address

What rights do I have?

 You have the right to obtain confirmation that your data is being processed, and access to your personal data
 You are entitled to have personal data rectified if it is inaccurate or incomplete
 You have a right to have personal data erased and to prevent processing, in specific
circumstances
 You have the right to ‘block’ or suppress processing of personal data, in specific
circumstances
 You have the right to data portability, in specific circumstances
 You have the right to object to the processing, in specific circumstances
 You have rights in relation to automated decision making and profiling

If you wish to exercise these any of these rights you can contact AccessNI at dpqueries@accessni.gov.uk. Please indicate clearly the precise nature of the information you require and/or which right you wish to exercise. Your query will be handled by AccessNI in line with the Department of Justice’s policy on Data Protection Response Management which complies with the General Data Protection Regulation.

AccessNI does not use any personal information supplied for the purposes of automated decision making or profiling.

How do I complain if I am not happy?

If you are unhappy with how any aspect of this privacy notice, or how your personal information is being processed, please contact Department of Justice Data Protection Officer at: 028 90378617

If you are still not happy, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO):

Information Commissioner’s Office
Wycliffe House Water Lane Wilmslow Cheshire
SK9 5AF

Tel: 0303 123 1113
Email: casework@ico.org.uk

https://ico.org.uk/global/contact-us/

Taekwon-Do Northern Ireland

General Principles

As an organisation using Access NI to help assess the suitability of applicants for positions of trust, Taekwon-Do Northern Ireland complies fully with Access NI’s Code of Practice regarding the correct handling, use, storage retention and disposal of Disclosure Applications and Disclosure information. We also comply fully with obligations under the Data Protection Act 2018 and other relevant legislative requirements with regards to the safe handling, storage, retention and disposal of Disclosure Information.

Consent As we no longer receive a copy certificate from Access NI, written consent will be obtained from the applicant when requesting and retaining a (copy of a) Disclosure certificate.

Storage and Access Disclosure information is be kept securely, in lockable, non-portable, storage containers with access strictly controlled and limited to those who are entitled to see it as part of their duties.

Handling In accordance with section 124 of the Police Act 1997, Disclosure information is only passed to those who are authorised to receive it in the course of their duties. We maintain a record of all those to whom Disclosures or Disclosure information has been revealed. We recognise it is a criminal offence to pass this information to anyone who is not entitled to receive it.

Usage Disclosure information is only used for the specific purpose for which it was requested and for which the applicant’s full consent has been given.

Retention Once a recruitment (or other relevant appointment, regulatory or licensing) decision has been taken, we do not keep Disclosure information for any longer than is necessary. We comply with Access NI’s Code of Practice requirement to ensure that it is not retained longer than is required for the specific purpose of taking a decision on the applicant’s suitability. Disclosure certificates will be returned to the applicant once a decision, recruitment or otherwise has been made and will be retained no longer than the agreed period.

Disposal Once the retention period has elapsed, we will ensure that any Disclosure information is immediately destroyed by secure means i.e. by shredding, pulping or burning. While awaiting destruction, Disclosure information will not be kept in any unsecured receptacle (e.g. waste-bin or confidential sack). We will not keep any photocopy or other image of the Disclosure or any copy or representation of the contents of a Disclosure or any other relevant non-conviction information supplied by police. However, despite the above, we may keep a record of the date of issue of a Disclosure, the name of the subject, the type of Disclosure requested, the position for which the Disclosure was requested, the Access NI unique reference number of the Disclosure Certificate and the details of the recruitment decision.

Taekwon-Do (N.I.) Ltd

POLICY ON THE RECRUITMENT OF EX-OFFENDERS

Policy Statement

1. Taekwon-Do Northern Ireland complies fully with the Code of Practice, issued by the Department of Justice, in connection with the use of information provided to registered persons, their nominees and other recipients of information by Access NI under Part V of the Police Act 1997, for the purposes of assessing Applicant’s suitability for employment purposes, voluntary positions, licensing and other relevant purposes. We undertake to treat all applicants for positions fairly and not to discriminate unfairly or unlawfully against the subject of a Disclosure on the basis of conviction or other information revealed.

2. This policy is made available to all Disclosure applicants at the outset of the recruitment process.

3. Taekwon-Do Northern Ireland are committed to equality of opportunity (see separate Equal Opportunities Policy) to following practices, and to providing a service which is free from unfair and unlawful discrimination. We ensure that no applicant or member of staff is subject to less favourable treatment on the grounds of gender, marital status, race colour, nationality, ethnic or national origins, age, sexual orientation, responsibilities for dependants, physical or mental disability political opinion or offending background, or is disadvantaged by any condition which cannot be shown to be relevant to performance.

4. Taekwon-Do Northern Ireland actively promotes equality of opportunity for all with the right mix of talent, skills and potential, and welcomes applications from a wide range of candidates, including those with criminal records. The selection of candidates for interview will be based on those who meet the required standard of skills, qualifications and experience as outlined in the essential and desirable criteria.

5. We will request an Access NI Disclosure only where this is considered proportionate and relevant to the particular position. This will be based on a thorough risk assessment of that position and having considered the relevant legislation which determines whether or not a Standard or Enhanced Disclosure is available to the position in question. Where an Access NI Disclosure is deemed necessary for a post or position, all applicants will be made aware at the initial recruitment stage that the position will be subject to a Disclosure and that Taekwon-Do Northern Ireland will request the individual being offered the position to undergo an appropriate Access NI Disclosure check.

6. In line with the Rehabilitation of Offenders (Exceptions) (Northern Ireland) Order 1979 (as amended in 2014), Taekwon-Do Northern Ireland will only ask about convictions which are defined as “not protected” for the purposes of obtaining a Standard or Enhanced disclosure.

7. We undertake to ensure an open and measured and recorded discussion on the subject of any offences or other matters that might be considered relevant for the position concerned e.g. the individual is applying for a driving job but has a criminal history of driving offences. Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of the conditional offer of employment.

8. Taekwon-Do Northern Ireland may consider discussing any matter revealed in a Disclosure Certificate.

9. We ensure that all those in Taekwon-Do Northern Ireland who are involved in the recruitment process have been suitably trained to identify and assess the relevance and circumstances of Disclosure information. We also ensure that they have received appropriate guidance and training in the relevant legislation relating to employment of ex-offenders (e.g. the Rehabilitation of Offenders (Northern Ireland) Order 1978).

10. We undertake to make every subject of an Access NI Disclosure aware of the existence of the Code of Practice, and to make a copy available on request.

HAVING A CRIMINAL RECORD WILL NOT NECESSARILY DEBAR YOU FROM WORKING WITH TAEKWON-DO NORTHERN IRELAND. THIS WILL DEPEND ON THE NATURE OF THE POSITION, TOGETHER WITH THE CIRCUMSTANCES AND BACKGROUND OF YOUR OFFENCES OR OTHER INFORMATION CONTAINED ON A DISCLOSURE CERTIFICATE.