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5.—(1) The repeal of the remaining provisions of CJCSA by section 63(2) of, and Schedule 10 to, the Act shall come into force on the day after the day on which this Order is made for the purposes specified in paragraph (2).
(2) Section 35 of CJCSA shall cease to have effect for the purpose of making it an offence for a person knowingly to—
(a)offer work in a regulated position to,
(b)procure work in such a position for, or
(c)fail to remove from a regulated position
a person falling within paragraph (3).
(3) A person (“P”) falls within this paragraph if P is disqualified from working with children only by reason of a disqualification order falling within paragraph (4) and P—
(a)is or has at any time been barred from regulated activity relating to children by virtue of section 3(2) of the Act, or
(b)has been included in the children’s barred list pursuant to article 2(2)(a) of the Safeguarding Vulnerable Groups Act 2006 (Transitional Provisions) Order 2008(1), but is removed from that list by the ISA in accordance with article 2(4) of that Order.
(4) A disqualification order falls within this paragraph if—
(a)P was subject to the disqualification order immediately before ISA included P in the children’s barred list, and
(b)at that time ISA was aware that P was subject to the disqualification order.
(5) In paragraph (1) “the remaining provisions of CJCSA” means the provisions of that Act mentioned in Schedule 10 to the Act other than those referred to in the Schedule to the 2009 Order.
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