sec.13TMaking disqualification order instead of temporary order

### sec.13T Making disqualification order instead of temporary order This section applies if— a magistrate hearing an application for a temporary order (the relevant application ) for a person decides not to make the temporary order; or a court hearing an application for an offender prohibition order (also the relevant application ) for a person— has not made a final order for the person; and decides not to make a temporary order for the person under section 13K . The magistrate or court must consider whether to make an order ( disqualification order ) in relation to the person stating the person may not— hold a working with children authority; or make a working with children check application. However, the magistrate or court may make the disqualification order only if the magistrate or court considers it would not be in the interests of children for the chief executive (justice) to issue a working with children authority to the person. The following provisions apply to the making of the disqualification order— if the relevant application is made under section 13I — section 13J (3) to (7) ; if the relevant application is made under section 13K — section 13K (4) and (5) . The provisions mentioned in subsection (4) apply for that subsection as if— a reference in the provisions to the respondent were a reference to the person; and a reference in the provisions to a temporary order were a reference to the disqualification order. If the magistrate or court makes the disqualification order in the person’s absence, a police officer must serve the person with a copy of the disqualification order. s 13T ins 2017 No. 14 s 11 amd 2019 No. 18 s 86 (2) sch 2 (sec.13T-ssec.1) This section applies if— a magistrate hearing an application for a temporary order (the relevant application ) for a person decides not to make the temporary order; or a court hearing an application for an offender prohibition order (also the relevant application ) for a person— has not made a final order for the person; and decides not to make a temporary order for the person under section 13K . (sec.13T-ssec.2) The magistrate or court must consider whether to make an order ( disqualification order ) in relation to the person stating the person may not— hold a working with children authority; or make a working with children check application. (sec.13T-ssec.3) However, the magistrate or court may make the disqualification order only if the magistrate or court considers it would not be in the interests of children for the chief executive (justice) to issue a working with children authority to the person. (sec.13T-ssec.4) The following provisions apply to the making of the disqualification order— if the relevant application is made under section 13I — section 13J (3) to (7) ; if the relevant application is made under section 13K — section 13K (4) and (5) . (sec.13T-ssec.5) The provisions mentioned in subsection (4) apply for that subsection as if— a reference in the provisions to the respondent were a reference to the person; and a reference in the provisions to a temporary order were a reference to the disqualification order. (sec.13T-ssec.6) If the magistrate or court makes the disqualification order in the person’s absence, a police officer must serve the person with a copy of the disqualification order. - (a) a magistrate hearing an application for a temporary order (the relevant application ) for a person decides not to make the temporary order; or - (b) a court hearing an application for an offender prohibition order (also the relevant application ) for a person— (i) has not made a final order for the person; and (ii) decides not to make a temporary order for the person under section 13K . - (i) has not made a final order for the person; and - (ii) decides not to make a temporary order for the person under section 13K . - (i) has not made a final order for the person; and - (ii) decides not to make a temporary order for the person under section 13K . - (a) hold a working with children authority; or - (b) make a working with children check application. - (a) if the relevant application is made under section 13I — section 13J (3) to (7) ; - (b) if the relevant application is made under section 13K — section 13K (4) and (5) . - (a) a reference in the provisions to the respondent were a reference to the person; and - (b) a reference in the provisions to a temporary order were a reference to the disqualification order.