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7. (1) Notwithstanding the commencement under Article 3 of—
(a)paragraph 2 of Schedule 7 to the Order; and
(b)the repeal of the relevant provisions of POCVA,
those provisions shall continue to have effect in relation to a person falling within paragraph (3) (“P”) for any of the purposes specified in paragraph (2) until one of the matters described in paragraph (4) applies to P.
(2) The provisions mentioned in paragraph (1) continue to have effect for the purposes of—
(a)keeping a list under regulation 8 of the 2007 Regulations;
(b)providing for the effect of P’s inclusion in that list in accordance with Article 16 of POCVA;
(c)determining whether a prohibition in relation to P should be revoked under regulation 9 (revocation by the Department of Education) or regulation 11 (revocation on appeal to the Care Tribunal(1) under regulation 10) of the 2007 Regulations and revoking such a prohibition;
(d)giving effect to the 2007 Regulations in so far as those regulations are relevant for the purposes specified in sub-paragraphs (a) to (c).
(3) P is a person—
(a)who immediately before the 12th October 2009—
(i)is included in the list kept under Article 3 of POCVA; or
(ii)is not included in that list but who is included in the list kept under regulation 8 of the 2007 Regulations on the grounds referred to in Article 70(2)(e)(iii) or Article 88A(2)(b)(iii) of the 1986 Order; and
(b)in relation to whom none of the matters described in paragraph (4)(b) to (e) has occurred before that date.
(4) The matters referred to in paragraph (1) are—
(a)a prohibition in relation to P is revoked under regulation 9 or 11 of 2007 Regulations;
(b)P is included in the children’s barred list pursuant to Article 3(2)(a) of the 2008 Order and either—
(i)IBB is not required under Article 3(2)(b) of that Order to give P the opportunity to make representations as to why P should be removed from that list, or
(ii)where IBB is required under that paragraph to give P the opportunity to make such representations, IBB decides under that Article not to remove P from that list;
(c)P is included in the children’s barred list other than in accordance with Article 3(2)(a) of the 2008 Order;
(d)in accordance with Article 3(4) of the 2008 Order, IBB removes P from the children’s barred list;
(e)where P is referred to the IBB in accordance with Article 4 of the 2008 Order, IBB makes a decision not to include P in the children’s barred list.
(5) Article 7 of the Order does not apply to a person falling within paragraph (3)(a)(ii) until the provisions referred to in paragraph (1) cease to have effect in relation to that person in accordance with this Article.
“Care Tribunal” means the Care Tribunal established under Article 44 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 [S.I. 2003/431 (N.I. 9)].
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