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In subsection (1), the words from “by” to the end of the subsection are repealed.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paragraphs (a) and (b) are repealed.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.