(1) This section applies if--
(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 16.
(2) The magistrate or court must consider whether to make an order (disqualification order) in relation to the person stating that the person may not hold a positive notice, or apply for a prescribed notice, under the Commission for Children and Young People and Child Guardian Act 2000.
(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 children's commissioner to issue a positive notice to the person.
(4) The following provisions apply to the making of the disqualification order--
(a) if the relevant application is made under section 15--section 15(3) to (7);
(b) if the relevant application is made under section 16--section 16(4) and (5).
(5) The provisions mentioned in subsection (4) apply for that subsection as if--
(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.
(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.