PART 2Amendment of the 2007 Act
Amendment of section 39 (restrictions on listing in children’s list) of the 2007 Act7
1
Section 39 (restrictions on listing in children’s list) of the 2007 Act is amended as follows.
2
In subsection (1), the words from “by” to the end of the subsection are repealed.
3
In subsection (2)(a), for “considered” substitute “dealt with”.
4
In subsection (3)—
a
for paragraph (a) substitute—
a
the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and
b
in paragraph (b), for “by ISA before it made its decision” substitute “before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation”.
5
In subsection (4)(b), for “considers” substitute “deals with”.
6
In subsection (5)—
a
after “if” insert “they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.”; and
b
paragraphs (a) and (b) are repealed.
7
After subsection (5) insert—
6
Where—
a
in pursuance of subsection (5), Ministers do not list an individual in the children’s list under section 14, and
b
ISA deals with the individual’s case,
section 30 applies (with any necessary modifications) as if Ministers had listed the individual in the children’s list under section 14.
7
In this section “relevant corresponding legislation” means—
a
the Protection of Children Act 1999 (c.14),
b
the Criminal Justice and Court Services Act 2000 (c.43),
c
sections 142 to 144 of the Education Act 2002 (c.32),
d
the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003,
e
the Safeguarding Vulnerable Groups Act 2006 (c.47),
f
regulations made under Article 70(1) and (2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986,
g
the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.