Protection of Children Act 1999

[F12A Power of certain authorities to refer individuals for inclusion in list.E+W

This section has no associated Explanatory Notes

(1)A person to whom this section applies may refer to the Secretary of State an individual who is or has been employed in a child care position if—

(a)on the basis of evidence obtained by him in the exercise of his functions under Part II of the Care Standards Act 2000[F2, Part 10A of the Children Act 1989 or Part 3 of the Childcare Act 2006], the person considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and

(b)the individual has not been referred to the Secretary of State under section 1 above in respect of the misconduct.

(2)The persons to whom this section applies are—

[F3(a)the Commission for Social Care Inspection;

(aa)the Commission for Healthcare Audit and Inspection;]

(b)the National Assembly for Wales; and

[F4(c)Her Majesty's Chief Inspector of Education, Children's Services and Skills.]

(3)Section 2(4) to (7) above shall apply in relation to a reference made by a person under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.

(4)The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section.]