Care Standards Act 2000

General

103 Temporary provision for access to lists

(1) Any person seeking to ascertain whether a relevant individual is included in—

(a) the list kept under section 1 of the 1999 Act;

(b) the list kept for the purposes of regulations made under section 218(6) of the [1988 c. 40.] Education Reform Act 1988; or

(c) any list kept by the Secretary of State or the Assembly of persons disqualified under section 470 or 471 of the [1996 c. 56.] Education Act 1996,

shall be entitled to that information on making, before the relevant commencement, an application for the purpose to the Secretary of State.

(2) In this section “relevant individual” means—

(a) in relation to a person who carries on an employment agency, an individual with whom he proposes to do business or an individual of any other prescribed description;

(b) in relation to any other person, an individual to whom he proposes to offer, or whom he proposes to supply for employment in, a child care position or an individual of any other prescribed description.

(3) The relevant commencement is—

(a) for applications relating to the list mentioned in subsection (1)(a) or (b), the commencement of section 8 of the 1999 Act; and

(b) for applications relating to the list mentioned in subsection (1)(c), the commencement of section 102.

(4) Paragraphs (b) and (c) of subsection (1) are without prejudice to any right conferred otherwise than by virtue of those provisions.

104 Suitability to adopt a child: searches of lists

(1) The [1997 c. 50.] Police Act 1997 shall be amended as follows.

(2) In section 113 (criminal record certificates)—

(a) in subsection (3A), after “(3B),” there shall be inserted “or his suitability to adopt a child,”; and

(b) after subsection (3D) (inserted by section 90) there shall be inserted—

“(3E) The references in subsections (3A) and (3C) to suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to suitability to be registered—

(a) under Part II of the Care Standards Act 2000 (establishments and agencies);

(b) under Part IV of that Act (social care workers); or

(c) for child minding or providing day care under Part XA of the [1989 c. 41.] Children Act 1989, or under section 71 of that Act or Article 118 of the [S.I. 1995/755 (N.I. 2).] Children (Northern Ireland) Order 1995 (child minding and day care).”

(3) In section 115 (enhanced criminal record certificates)—

(a) in subsection (5)—

(i) after paragraph (e) there shall be inserted—

“(ea) registration under Part II of the Care Standards Act 2000 (establishments and agencies);

(eb) registration under Part IV of that Act (social care workers);”; and

(ii) after paragraph (g) there shall be inserted—

“(h) a decision made by an adoption agency within the meaning of section 11 of the [1976 c. 36.] Adoption Act 1976 as to a person’s suitability to adopt a child.”; and

(b) in subsection (6A), after “113,” there shall be inserted “or his suitability to adopt a child,”.