xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

GeneralE+W+N.I.

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)the list kept for the purposes of regulations made under section 218(6) of the 1988 Act (“the 1988 Act list”); or

(iii)any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the M1Education Act 1996 (“the 1996 Act list”); and

(b)if he is included in any of those lists, shall not offer him employment in such a position.]

[F2(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 M2Children 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.]

[F3(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 [F4or an employment business], 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 [F5any of the lists mentioned in subsection (1) above];

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

(c)if the individual was included in [F6any of those lists] on that date, does not offer him employment in a child care position.

[F7(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.

[F8(4)In this section—

(a)any reference to inclusion in the 1988 Act list is a reference to inclusion in that list on the grounds mentioned in section 218(6ZA)(c) of the 1988 Act; and

(b)any reference to inclusion in the 1996 Act list is a reference to inclusion in that list as a person disqualified on the grounds mentioned in section 469(1)(d)(i) of the M3Education Act 1996.]

Textual Amendments

F2S. 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

F5Words in s. 7(2)(a) substituted (2.10.2000) by 2000 c. 14, s. 101(3)(a); S.I. 2000/2544, art. 2(2)(e)

F6Words in s. 7(2)(c) substituted (2.10.2000) by 2000 c. 14, s. 101(3)(b); S.I. 2000/2544, art. 2(2)(e)

F7S. 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

Marginal Citations