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| Conditions for application under section 74. |
75. - (1) An individual may only make an application under section 74 with the leave of the Tribunal.
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(2) An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual's case.
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(3) In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if-
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(a) he has been so included for a continuous period of at least five years; and |
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(b) in the period of five years ending with the time when he makes the application under this section, he has made no other such application. |
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(4) In the case of any other individual, the appropriate conditions are satisfied if-
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(a) he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and |
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(b) in the period of ten years ending with the time when he makes the application under this section, he has made no other such application. |
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(5) The Tribunal shall not grant an application under this section unless it considers-
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(a) that the individual's circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and |
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(b) that the change is such that leave should be granted. |
| Effect of inclusion in list. |
76. - (1) Where a person who provides care to vulnerable adults proposes to offer an individual employment in a care position that person-
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(a) shall ascertain whether the individual is included in the list kept under section 70; and |
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(b) if he is included in that list, shall not offer him employment in such a position. |
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(2) Where a person who provides care to vulnerable adults ("the provider") proposes to offer employment in a care position to an individual who has been supplied by a person who carries on an employment agency or employment business, there is a sufficient compliance with subsection (1) if the provider-
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(a) satisfies himself that, on a date within the last 12 months, the other person ascertained whether the individual was included in the list kept under section 70; |
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(b) obtains written confirmation of the facts as ascertained by that person; and |
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(c) if the individual was included in the list on that date, does not offer him employment in a care position. |
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(3) It is immaterial for the purposes of subsection (1) or (2) whether the individual is already employed by the provider.
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| Searches of list under Part V of Police Act 1997. |
77. - (1) After subsection (3B) of section 113 of the Police Act 1997 (criminal record certificates) there shall be inserted-
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"(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-
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(a) whether the applicant is included in the list kept under section 70 of the Care Standards Act 2000; and |
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(b) if he is included in that list, such details of his inclusion as may be prescribed. |
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(3D) A position is within this subsection if it is-
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(a) a care position within the meaning of Part VI of the Care Standards Act 2000; or |
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(b) a position of such other description as may be prescribed." |
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(2) After subsection (6A) of section 115 of that Act (enhanced criminal record certificates) there shall be inserted-
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"(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-
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(a) whether the applicant is included in the list kept under section 70 of the Care Standards Act 2000; and |
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(b) if he is included in that list, such details of his inclusion as may be prescribed." |
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| Access to list before commencement of section 77. |
78. - (1) In relation to any time before the commencement of section 77, 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.
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(2) For the purposes of subsection (1) a relevant individual is-
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(a) an individual to whom the person proposes to offer employment in a care position; |
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(b) an individual for whom the person proposes to find employment, or whom he proposes to supply for employment, in a care position; or |
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(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. |
79. - (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).
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(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.
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(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.
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(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.
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The list kept under section 1 of the 1999 Act |
| Employment agencies and businesses. |
80. - (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)-
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(a) for "This section" there shall be substituted "Subsections (1) to (8) and (10) of this section"; and |
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(b) for the words from "(a)" to "harm" there shall be substituted- |
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"(a) in subsection (1), for the words from "there is" to the end there were substituted the following paragraphs- |
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"(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 |
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(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;" |
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(2) After subsection (9) of that section there shall be inserted-
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"(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-
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(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
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(ii) paragraph (b) and the word "or" preceding it were omitted;
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(b) for subsection (2)(c) and (d) there were substituted the following paragraph- |
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"(c) that the organisation has, on such grounds, decided not to supply the individual for further employment in a child care position." and |
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(c) subsections (3), (6)(b) and (8) were omitted." |
