Yn ddilys o 26/07/2004
(1)Subsection (2) applies where—
(a)a relevant inquiry has been held;
(b)the report of the person who held the inquiry names an individual who is or has been employed in a care position; and
(c)it appears to the Secretary of State from the report—
(i)that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
(ii)that the individual is unsuitable to work with vulnerable adults.
(2)The Secretary of State—
(a)may provisionally include the individual in the list kept under section 81; and
(b)if he does so, shall determine in accordance with subsections (3) to (5) whether the individual’s inclusion in the list should be confirmed.
(3)The Secretary of State shall—
(a)invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b); and
(b)invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a).
(4)Where the Secretary of State has considered the report, any observations submitted to him and any other information which he considers relevant, he shall confirm that individual’s inclusion in the list if subsection (5) applies; otherwise he shall remove him from the list.
(5)This subsection applies if the Secretary of State is of the opinion—
(a)that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and
(b)that the individual is unsuitable to work with vulnerable adults.
(6)In this section—
“relevant employer” means the person who, at the time mentioned in the definition of “relevant misconduct” below, employed the individual in a care position;
“relevant misconduct” means misconduct which harmed or placed at risk of harm a vulnerable adult and was committed (whether or not in the course of his employment) at a time when the individual was employed in a care position.
(7)In this section “relevant inquiry” means any of the following—
(a)an inquiry held under—
(i)section 10;
(ii)section 35 of the M1Government of Wales Act 1998;
(iii)section 81 of the 1989 Act;
(iv)section 84 of the M2National Health Service Act 1977;
(v)section 7C of the M3Local Authority Social Services Act 1970;
(b)an inquiry to which the M4Tribunals of Inquiry (Evidence) Act 1921 applies;
(c)any other inquiry or hearing designated for the purposes of this section by an order made by the Secretary of State.
(8)Before making an order under subsection (7) the Secretary of State shall consult the Assembly.
Modifications etc. (not altering text)
C1S. 85 applied (with modifications) (26.7.2004) by 1999 c. 14, s. 2C(3)(4)(5) (as inserted by 2000 c. 14, ss. 97(1), 122; S.I. 2004/1757, art. 2(b))
Marginal Citations