(1) Subject to subsection (2), the Regulator may undertake a preliminary assessment under section 55 in relation to conduct engaged in before the commencement of Part 5.
(2) The Regulator may not undertake a preliminary assessment under section 55 in relation to conduct engaged in before the commencement of Part 5 if—
(a) the conduct is the subject of a finding of misconduct made by the Suitability Panel against a person under section 105 of the Children, Youth and Families Act 2005 ; and
(b) the Suitability Panel determined under section 106 of that Act that the person does not pose an unacceptable risk of harm to children.