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Protection of Children Act 1999
This Order is the third commencement order made under the Protection of Children Act 1999. It brings into force on 12th March 2002 section 8 of the Act. Section 8 amends sections 113 and 115 of the Police Act 1997 (c.50), which relate to criminal record certificates that may be issued under that Act.
7. - (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.
Searches of both lists under Part V of Police Act 1997. - The Criminal Records Bureau Standard and Enhanced Disclosures.
(5) Any person who without reasonable excuse fails to comply with-
(a) any requirement imposed by the regulations by virtue of subsection (3)(f) above;
(b) any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (3)(h) above; or
(c) any requirement imposed by the regulations by virtue of subsection (3)(j) above, is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
This is a criminal conviction.
Interpretation of the Protection of Children Act 1999
12. - (1) In this Act-
"the 1988 Act" means the Education Reform Act 1988;
"child" means a person aged under 18;
"employment"-
(a) means any employment, whether paid or unpaid and whether under a contract of service or apprenticeship, under a contract for services, or otherwise than under a contract; and
(b) includes an office established by or by virtue of a prescribed enactment,
and references to an individual being employed shall be construed accordingly;
"employment agency" has the same meaning as in the Employment Agencies Act 1973;
"harm" has the same meaning as in section 31 of the Children Act 1989;
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