7Effect of inclusion in either list
(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 the list kept under section 1 above, or the list kept for the purposes of regulations made under section 218(6) of the 1988 Act; and
(b)if he is included in either list, shall not offer him employment in such a 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, 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 the list kept under section 1 above, or the list kept for the purposes of regulations made under section 218(6) of the 1988 Act;
(b)obtains written confirmation of the facts as ascertained by that organisation; and
(c)if the individual was included in either list on that date, does not offer him employment in a child care position.
(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)Any reference in this section to inclusion in the list kept for the purposes of regulations made under subsection (6) of section 218 of the 1988 Act is a reference to inclusion in that list on the grounds mentioned in subsection (6ZA)(c) of that section.