2B.         (1) For the purposes of the continued application and effect of this Act in accordance with section 2A—

(a) an international protection officer shall perform his or her functions under this Act, in particular the making of a recommendation under section 39(3), in accordance with the Qualification Regulation, and

(b) the Tribunal shall perform its functions under this Act, in particular the determination of an appeal under Part 6 (including an appeal referred to in section 21(6)), in accordance with the Qualification Regulation.

(2) For the purposes of Article 12(5) and Article 17(5) of the Qualification Regulation, an international protection officer and the Tribunal shall take into account a minor’s capacity to be considered responsible under criminal law in accordance with section 52 of the Children Act 2001 as if the minor had committed the crime concerned in the State.]