PART IIPROTECTION OF CHILDREN
CHAPTER IPERSONS UNSUITABLE TO WORK WITH CHILDREN
Effect of inclusion in either list
Access to the lists17
1
In relation to any time before the commencement of paragraphs (4) and (5), any person seeking to ascertain whether a relevant individual is included in—
a
the list kept under Article 3;
b
the list kept for the purposes of regulations under Article 70(2)(e) or Article 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986,
shall be entitled to that information on making application for the purpose to the Department and on paying any fee that is payable in relation to the application under regulations.
2
For the purposes of paragraph (1) a relevant individual is—
a
an individual to whom the person proposes to offer employment in a child care position;
b
an individual for whom the person proposes to find employment, or whom he proposes to supply for employment, in a child care position; or
c
an individual of a prescribed description who does not fall within sub-paragraph (a) or (b).
3
Sub-paragraph (b) of paragraph (1) does not prejudice any right conferred otherwise than by virtue of that sub-paragraph.
4
In section 113 of the Police Act 1997 (c. 50) after subsection (3E) there shall be inserted—
3EA
If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability to be employed, supplied with work, found work or given work in a position (whether paid or unpaid) within subsection (3EB) the criminal record certificate shall also state—
a
whether the applicant is included in—
i
the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
ii
the list kept for the purposes of regulations made under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986; and
b
if he is included in either of those lists, such details of his inclusion as may be prescribed, including (in the case of the latter list) the grounds on which he is so included.
3EB
A position is within this subsection if it is—
a
a child care position within the meaning of Chapter I of Part II of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003;
b
a position employment or further employment in which may be prohibited or restricted by regulations under Article 70(2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986; or
c
a position of such other description as may be prescribed.
5
In section 115 of that Act after subsection (6E) there shall be inserted —
6EA
If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant’s suitability to be employed, supplied with work, found work or given work in a position (whether paid or unpaid) within subsection (3EB) of section 113, the enhanced criminal record certificate shall also state—
a
whether the applicant is included in—
i
the list kept under Article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003; or
ii
the list kept for the purposes of regulations made under Article 70 (2)(e) or 88A(2)(b) of the Education and Libraries (Northern Ireland) Order 1986; and
b
if he is included in either of those lists, such details of his inclusion as may be prescribed, including (in the case of the latter list) the grounds on which he is so included.
6
In sections 119(1A) and 120A(3)(b) of that Act after “(3C)” there shall be inserted “ or (3EA)”.