(1)If it appears to a chief officer of police or a director of social services of a local authority that the conditions set out in subsection (2) below are satisfied in the case of an individual, the chief officer or (as the case may be) the director may apply to the High Court for an order under this section to be made in respect of the individual.
(2)The conditions are that—
(a)the individual is no longer included in the list kept by the Secretary of State under section 1 above, and
(b)the individual has acted in such a way (whether before or after he ceased to be included in the list) as to give reasonable cause to believe that an order under this section is necessary to protect children in general, or any children in particular, from serious harm from him.
(3)An application under this section may be made at any time after the individual ceased to be included in the list.
(4)If the High Court is satisfied that the conditions set out in subsection (2) above are satisfied, it must order the restoration of the individual’s inclusion in the list; otherwise it must dismiss the application.
(5)Where an order is made under this section, section 4B above has effect with the following modifications—
(a)in subsection (3), the reference to the individual being a child when he was included in the list is to be read as a reference to his being a child when the order under this section was made,
(b)subsections (3)(a) and (4)(a) are to have effect as if at the end there were inserted “beginning with the making of the order under section 4C below”,
(c)in subsection (5)(a), the reference to the individual’s circumstances changing since he was included in the list is to be read as a reference to his circumstances changing since the order under this section was made.
(6)For the purposes of this section an individual is no longer included in the list if a direction under section 4A(3) above has been given in respect of him and his inclusion in the list is not restored by virtue of an order under this section.
(7)In this section, “local authority” has the same meaning as in the M1Education Act 1996.]
Textual Amendments
F1Ss. 4A-4C inserted (11.1.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 155; S.I. 2000/3302, art. 2(b)
Marginal Citations