[F12A Power of certain authorities to refer individuals for inclusion in list.E+W
(1)A person to whom this section applies may refer to the Secretary of State an individual who is or has been employed in a child care position if—
(a)on the basis of evidence obtained by him in the exercise of his functions under Part II of the Care Standards Act 2000 or Part XA of the Children Act 1989, the person considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and
(b)the individual has not been referred to the Secretary of State under section 1 above in respect of the misconduct.
(2)The persons to whom this section applies are—
[F2(a)the Commission for Social Care Inspection;
(aa)the Commission for Healthcare Audit and Inspection;]
(b)the National Assembly for Wales; and
[F3(c)Her Majesty's Chief Inspector of Education, Children's Services and Skills.]
(3)Section 2(4) to (7) above shall apply in relation to a reference made by a person under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
(4)The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section.]
Textual Amendments
F1S. 2A inserted (1.4.2002) by 2000 c. 14, s. 95(1); S.I. 2002/1493, art. 3; S.I. 2002/920, art. 3(3)(c) (with Schs. 1-3)
F2S. 2A(2)(a)(aa) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 14; S.I. 2004/759, art. 5(2)(b)
F3S. 2A(2)(c) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 36; S.I. 2007/935, art. 5(gg)