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(a)an individual who is or has been employed in a child care position has been referred by an organisation to the Secretary of State for inclusion in the Consultancy Service Index;
(b)the reference has not been determined at the commencement of section 2 above; and
(c)any of the conditions mentioned in subsection (2), or the condition mentioned in subsection (3), of that section was fulfilled in relation to the reference,
that section shall apply as if the reference had been a reference made by the organisation under subsection (1) of that section.
(2)For the purposes of subsection (1) above, a reference of an individual for inclusion in that Index is determined only when, following the reference—
(a)the individual is included (otherwise than provisionally) in the Index; or
(b)the Secretary of State determines that he should not be included in it.
(3)In relation to any time before the commencement of section 8 above, any organisation seeking to ascertain whether an individual to whom it proposes to offer a child care position or, in the case of an organisation which carries on an employment agency or an agency for the supply of nurses, with whom it proposes to do business is included in—
(a)the list kept under section 1 above; or
(b)the list kept for the purposes of regulations made under section 218(6) of the 1988 Act,
shall be entitled to that information on making application for the purpose to the Secretary of State.
(4)Subsection (3)(b) above is without prejudice to any right conferred otherwise than by virtue of that provision.
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