Care Standards Bill [H.L.] - continued        House of Lords
PART VI, PROTECTION OF CHILDREN AND VULNERABLE ADULTS - continued
Protection of vulnerable adults - continued

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Searches of list under Part V of Police Act 1997.     76. - (1) After subsection (3B) of section 113 of the Police Act 1997 (criminal record certificates) there shall be inserted-
 
 
    "(3C) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) within subsection (3D), the criminal record certificate shall also state-
 
 
    (a) whether the applicant is included in the list kept under section 70 of the Care Standards Act 2000; and
 
    (b) if he is included in that list, such details of his inclusion as may be prescribed.
      (3D) A position is within this subsection if it is-
 
 
    (a) a care position within the meaning of Part VI of the Care Standards Act 2000; or
 
    (b) a position of such other description as may be prescribed."
      (2) After subsection (6A) of section 115 of that Act (enhanced criminal record certificates) there shall be inserted-
 
 
    "(6B) If an application under this section is accompanied by a statement by the registered person that the certificate is required for the purpose of considering the applicant's suitability to be employed, supplied to work, found work or given work in a position (whether paid or unpaid) falling within subsection (3D) of section 113, the enhanced criminal record certificate shall also state-
 
 
    (a) whether the applicant is included in the list kept under section 70 of the Care Standards Act 2000; and
 
    (b) if he is included in that list, such details of his inclusion as may be prescribed."
Access to list before commencement of section 76.     77. - (1) In relation to any time before the commencement of section 76, any person seeking to ascertain whether a relevant individual is included in the list kept under section 70 shall be entitled to that information on making application for the purpose to the Secretary of State.
 
      (2) For the purposes of subsection (1) a relevant individual is-
 
 
    (a) an individual to whom the person proposes to offer employment in a care position;
 
    (b) an individual for whom the person proposes to find employment, or whom he proposes to supply for employment, in a care position; or
 
    (c) an individual of a prescribed description who does not fall within paragraph (a) or (b).
Persons referred for inclusion in list under Protection of Children Act 1999.     78. - (1) Subsection (2) applies where an individual is referred to the Secretary of State under section 2 of the 1999 Act (referrals for inclusion in list of individuals who are considered unsuitable to work with children).
 
      (2) Subsections (4) to (8) of that section shall apply in relation to the list kept under section 70 as they apply in relation to the list kept under section 1 of that Act, but as if the reference in subsection (7)(b) to children were a reference to vulnerable adults.
 
      (3) But the Secretary of State may not by virtue of subsection (2) consider whether an individual referred to him under section 2 of the 1999 Act is unsuitable to work with vulnerable adults unless he is of the opinion that the individual is unsuitable to work with children.
 
      (4) Where an individual has by virtue of subsection (2) been included in the list kept under section 70, section 73 shall apply to him as if the references in subsections (3)(a) and (4) to a vulnerable adult were references to a child.
 
 
The list kept under section 1 of the 1999 Act
Employment agencies and businesses.     79. - (1) In subsection (9) of section 2 of the 1999 Act (inclusion on reference to Secretary of State in list of individuals who are considered unsuitable to work with children)-
 
 
    (a) for "This section" there shall be substituted "Subsections (1) to (8) and (10) of this section"; and
 
    (b) for the words from "(a)" to "harm" there shall be substituted-
 
    "(a) in subsection (1), for the words from "there is" to the end there were substituted the following paragraphs-
    "(a) the organisation has decided not to do any further business with the individual on the grounds of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; or
 
    (b) the organisation has decided on such grounds not to find the individual further employment, or supply him for further employment, in a child care position;""
      (2) After subsection (9) of that section there shall be inserted-
 
 
    "(9A) Subsections (1) to (8) and (10) of this section shall have effect in relation to an organisation which carries on an employment business as if-
 
 
    (a) in subsection (1)-
 
      (i) for the words from "who" to "position" there were substituted the words "who has been supplied by the organisation for employment in a child care position"; and
 
      (ii) paragraph (b) and the word "or" preceding it were omitted;
 
    (b) for subsection (2)(c) and (d) there were substituted the following paragraph-
    "(c) that the organisation has, on such grounds, decided not to supply the individual for further employment in a child care position." and
 
    (c) subsections (3), (6)(b) and (8) were omitted."
Inclusion in 1999 Act list on reference under this Part.     80. - (1) After section 3 of the 1999 Act there shall be inserted-
 
 
"Inclusion in list on reference under Part VI of Care Standards Act 2000.     3A. - (1) Subsection (2) applies where an individual is referred to the Secretary of State under section 71 or 72 of the Care Standards Act 2000 (references for inclusion in list of individuals who are considered unsuitable to work with vulnerable adults).
 
    (2) Subsections (4) to (8) of section 71 or, as the case may be, subsections (4) to (7) of section 72 shall apply in relation to the list kept under section 1 above as they apply in relation to the list kept under section 70 of that Act, but (in either case) as if the reference in subsection (7)(b) to vulnerable adults were a reference to children.
 
      (3) But the Secretary of State may not by virtue of subsection (2) consider whether an individual referred to him as mentioned in subsection (1) above is unsuitable to work with children unless he is of the opinion that the individual is unsuitable to work with vulnerable adults.
 
      (4) Where an individual has by virtue of subsection (2) been included in the list kept under section 1 above, section 4 shall apply to him as if the references in subsections (3)(a) and (4) to a child were references to a vulnerable adult."
 
      (2) In section 1(2)(a) of the 1999 Act (individuals who may be included on list), after "below" there shall be inserted "or section 71 or 72 of the Care Standards Act 2000".
 
 
Restrictions on working with children in independent schools
Additional ground of complaint.     81. - (1) In subsection (1) of section 469 (notice of complaint) of the Education Act 1996, for paragraph (d) there shall be substituted-
 
 
    "(d) the proprietor of the school or any teacher or other employee employed in the school-
 
      (i) is unsuitable to work with children; or
 
      (ii) is for any other reason not a proper person to be the proprietor of an independent school or (as the case may be) to be a teacher or other employee in any school;"
      (2) In subsection (2) of section 470 of that Act (determination of complaint by an Independent Schools Tribunal), for paragraph (f) there shall be substituted-
 
 
    "(f) if satisfied that any person alleged by the notice of complaint to be a person who-
 
      (i) is unsuitable to work with children; or
 
      (ii) is for any other reason not a proper person to be the proprietor of an independent school or to be a teacher or other employee in any school,
 
    is in fact such a person, by order disqualify that person from being the proprietor of any independent school or (as the case may be) from being a teacher or other employee in any school."
Effect of inclusion in 1996 Act list.     82. - (1) Section 7 of the 1999 Act (effect of inclusion in either list) shall be amended as follows.
 
      (2) For subsection (1) there shall be substituted-
 
 
    "(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 Education 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."
      (3) In subsection (2)-
 
 
    (a) in paragraph (a), for the words from "the list" to the end there shall be substituted "any of the lists mentioned in subsection (1) above"; and
 
    (b) in paragraph (c), for "either list" there shall be substituted "any of those lists".
      (4) For subsection (4) there shall be substituted-
 
 
    "(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 Education Act 1996."
Searches of 1996 Act list.     83. - (1) In subsection (3A) of section 113 of the Police Act 1997 (criminal record certificates), for the words from "in the list" to the end there shall be substituted "in-
 
 
      (i) the list kept under section 1 of the Protection of Children Act 1999;
 
      (ii) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988 ("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 Education Act 1996 ("the 1996 Act list"); and
 
    (b) if he is included in any of those lists, such details of his inclusion as may be prescribed, including-
 
      (i) in the case of the 1988 Act list, the grounds on which he is so included; or
 
      (ii) in the case of the 1996 Act list, the grounds on which he was disqualified under section 470 or 471."
      (2) In subsection (6A) of section 115 of that Act (enhanced criminal record certificates), for the words from "in the list" to the end there shall be substituted "in-
 
 
      (i) the list kept under section 1 of the Protection of Children Act 1999;
 
      (ii) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988 ("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 Education Act 1996 ("the 1996 Act list"); and
 
    (b) if he is included in any of those lists, such details of his inclusion as may be prescribed, including-
 
      (i) in the case of the 1988 Act list, the grounds on which he is so included; or
 
      (ii) in the case of the 1996 Act list, the grounds on which he was disqualified under section 470 or 471."
 
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