Part 1The lists

General and supplementary

39Restrictions on listing in children's list

(1)

Ministers need not list an individual (nor consider an individual for listing) in the children's list if the individual is already barred from regulated work with children F1...

(2)

Ministers need not consider an individual for listing in the children's list if—

(a)

they consider that it would be more appropriate for the individual's case to be F2 dealt with by the F3Independent Safeguarding Authority (“F3ISA”), or

(b)

subsection (3) applies.

(3)

This subsection applies where—

F4(a)

the individual’s case has been dealt with in pursuance of relevant corresponding legislation, and

(b)

Ministers are satisfied that all information relating to the individual which they consider relevant to their decision whether to consider to list the individual was considered F5 before, or when, the individual’s case was last dealt with in pursuance of the relevant corresponding legislation .

(4)

Where—

(a)

in pursuance of subsection (2)(a), Ministers do not consider an individual for listing in the children's list, and

(b)

F3ISA F6deals with the individual's case,

section 30 applies (with any necessary modifications) as if Ministers are considering to list the individual in the children's list.

(5)

Ministers need not list an individual in the children's list under section 14 if F7they consider that it would be more appropriate for the individual’s case to be dealt with by ISA.—

F8(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(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.