Protection of Children Act 1999
An Act to require a list to be kept of persons considered unsuitable to work with children; to extend the power to make regulations under section 218(6) of the Education Reform Act 1988; to make further provision with respect to that list and the list kept for the purposes of such regulations; to enable the protection afforded to children to be afforded to persons suffering from mental impairment; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Department of Health list
F11 Duty of Secretary of State to keep list.
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F12 Inclusion in list on reference following disciplinary action etc.
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F12A Power of certain authorities to refer individuals for inclusion in list.
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F12B Individuals named in the findings of certain inquiries.
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F12C Inclusion in list on reference under Part VII of Care Standards Act 2000.
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F12D Local authorities proposing to make direct payments in respect of services.
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F13 Inclusion in list on transfer from Consultancy Service Index.
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F14 Appeals against inclusion in list.
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F14A Applications for removal from list.
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F14BConditions for application under section 4A.
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F14CRestoration to list.
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Department for Education and Employment list
5 Additional grounds for prohibiting or restricting employment.
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F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General
F47 Effect of inclusion in either list.
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8 Searches of both lists under Part V of Police Act 1997.
F5(1)
“(3A)
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 for a position (whether paid or unpaid) within subsection (3B), the criminal record certificate shall also state—
(a)
whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, or the list kept for the purposes of regulations made under section 218(6) of theM2Education Reform Act 1988; and
(b)
if he is included in either list, such details of his inclusion as may be prescribed, including (in the case of the latter list) the grounds on which he is so included.
(3B)
A position is within this subsection if it is—
(a)
a child care position within the meaning of the Protection of Children Act 1999;
(b)
a position employment or further employment in which may be prohibited or restricted by regulations made under subsection (6) of section 218 of theM3Education Reform Act 1988;
(c)
a position such that the holder’s access to persons aged under 19 may be prohibited or restricted by regulations under subsection (6A) of that section; or
(d)
a position of such other description as may be prescribed;
and the reference to employment or further employment in paragraph (b) shall be construed in accordance with subsection (13) of that section.”
(2)
“(6A)
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 for a position (whether paid or unpaid) falling within subsection (3B) of section 113, the enhanced criminal record certificate shall also state—
(a)
whether the applicant is included in the list kept under section 1 of the Protection of Children Act 1999, or the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; and
(b)
if he is included in either list, such details of his inclusion as may be prescribed, including (in the case of the latter list) the grounds on which he is so included.”
9 The Tribunal.
F6(1)
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(2)
F7Tribunal Procedure Rules may make any provision within subsection (3) in relation to the proceedings of the First-tier Tribunal (“the Tribunal”)—
F8(b)
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F10(ba)
on an appeal under section 167B of the Education Act 2002;
(c)
on an appeal under section 65A of the M4Children Act 1989 F11or under, or by virtue of, Part XA of that Act;
F12(ca)
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F15(e)
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(g)
on an appeal under, or by virtue of, Part 3 of the Childcare Act 2006. F19; or
F20(h)
on an appeal under, or by virtue of, Part 2 of the Children and Families (Wales) Measure 2010
F21(3)
The provision within this subsection is provision—
(a)
as to the circumstances in which applications for permission may be made; or
(b)
for obtaining a medical report in a case where the decision appealed against was made on medical grounds.
F22F23(3A)
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F24(3B)
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F25(3C)
Before making in Tribunal Procedure Rules provision within subsection (3) in relation to proceedings of the Tribunal on an appeal or determination within subsection (2)(c) or (d), the Tribunal Procedure Committee must consult the Welsh Ministers.
F26(4)
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F27(5)
Any person who without reasonable excuse fails to comply with any requirement—
(a)
which is imposed F28in England and Wales by the county court or in Northern Ireland by Tribunal Procedure Rules in relation to any of the proceedings of the Tribunal mentioned in subsection (2) above, and
(b)
which is—
(i)
a requirement imposing reporting restrictions,
(ii)
a requirement in respect of the discovery or inspection of documents of a kind which could be imposed by a county court, or
(iii)
a requirement for persons to attend to give evidence or produce documents,
is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F29(6)
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F30(7)
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Supplemental
F3110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Financial provisions.
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred by the Secretary of State under or by virtue of this Act;
(b)
any increase attributable to this Act in the sums payable out of money so provided under any other Act.
12 Interpretation.
(1)
F34(2)
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F34(3)
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F34(3A)
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(4)
Regulations under this Act shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F3513 Transitional provisions.
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14 Short title, commencement and extent.
(1)
This Act may be cited as the Protection of Children Act 1999.
(2)
This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
(3)
F36Subject to subsections (4) and (5) below, this Act extends to England and Wales only.
(4)
Section 8 above and this section extend to Northern Ireland.
F37(5)
Section 9 above and the Schedule to this Act extend to the whole of the United Kingdom.
F38The Tribunal
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