Protection of Children Act 1999

7 Effect of inclusion in either list. E+W

[F1 (1) Where a child care organisation proposes to offer an individual employment in a child care position, the organisation—

(a) shall ascertain whether the individual is included in—

(i) the list kept under section 1 above;

(ii) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if he is included in [F3 that list], shall not offer him employment in such a position.]

[F4 (c) shall ascertain whether he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children; and

(d) if he is subject to a direction under that section given on those grounds, shall not offer him employment in a child care position]

[F5 (1A) Where—

(a) a person (“the recipient”) employs, or proposes to employ, an individual to provide care for a child; and

(b) a local authority proposes to make a payment to the recipient under section 17A of the M1 Children Act 1989 (direct payments) in respect of his securing the provision of the care,

the authority shall, if the recipient asks it to do so, ascertain whether the individual is included in any of the lists mentioned in subsection (1) above.]

[F6 (1A) Where a child care organisation discovers that an individual employed by it in a child care position is included in any of the lists mentioned in subsection (1) above, it shall cease to employ him in a child care position.

For the purposes of this subsection an individual is not employed in a child care position if he has been suspended or provisionally transferred to a position which is not a child care position.]

(2) Where a child care organisation proposes to offer employment in a child care position to an individual who has been supplied by an organisation which carries on an employment agency [F7 or an employment business], or an agency for the supply of nurses, there is a sufficient compliance with subsection (1) above if the child care organisation—

(a) satisfies itself that, on a date within the last 12 months, the other organisation ascertained whether the individual was included in [F8 the list kept under section 1 above or subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children];

(b) obtains written confirmation of the facts as ascertained by that organisation; F9 ...

(c) if the individual was included in [F10 the list kept under section 1 above] on that date, does not offer him employment in a child care position [F11 ; and

(d) if the individual was subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children, does not offer him employment in a child care position]

[F12 (2A) Where a local authority is required under subsection (1A) above to ascertain whether an individual who has been supplied as mentioned in subsection (2) above is included in any of the lists there mentioned, there is sufficient compliance with subsection (1A) above if the authority—

(a) satisfies itself that, on a date within the last 12 months, the organisation which supplied the individual ascertained whether he was included in any of those lists; and

(b) obtains written confirmation of the facts as ascertained by the organisation.]

(3) It is immaterial for the purposes of subsection (1) or (2) above whether the individual is already employed by the child care organisation.

(4) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 7(1) substituted (2.10.2000) by 2000 c. 14, s. 101(2); S.I. 2000/2544, art. 2(2)(e)

F2 S. 7(1)(a)(ii)(iii) repealed (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215, 216, Sch. 21 para. 121(2)(a), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F3 Words in s. 7(1)(b) substituted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 121(2)(b) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F4 S. 7(1)(c)(d) inserted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 121(2)(c) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F5 S. 7(1A) inserted (1.4.2001 for E. and 1.7.2001 for W.) by 2000 c. 14, s. 98(2); S.I. 2001/1193, art. 2(2); S.I. 2001/2354, art. 2

F6 S. 7(1A) inserted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(2)(a); S.I. 2000/2544, art. 2(2)(g)

F7 Words in s. 7(2) inserted (2.10.2000) by 2000 c. 14, s. 116, Sch. 4 para. 26(2)(b); S.I. 2000/2544, art. 2(2)(e)

F8 Words in s. 7(2)(a) substituted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 121(3)(a) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F9 Word in s. 7(2) repealed (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215, 216, Sch. 21 para. 121(3)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F10 Words in s. 7(2)(c) substituted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 121(3)(c) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F11 S. 7(2)(d) and word inserted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216, Sch. 21 para. 121(3)(d) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

F12 S. 7(2A) inserted (1.4.2001 for E. and 1.7.2001 for W.) by 2000 c. 14, s. 98(3); S.I. 2001/1193, art. 2(2); S.I. 2001/2354, art. 2

F13 S. 7(4) repealed (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215, 216, Sch. 21 para. 121(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. 2; S.I. 2003/1115, art. 3

Marginal Citations

M1 1989 c. 41.