[F12A Power of certain authorities to refer individuals for inclusion in list.E+W
(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.]
Textual Amendments
F1S. 2A inserted (1.4.2002) by 2000 c. 14, s. 95(1); S.I. 2002/1493, art. 3; S.I. 2002/920, art. 3(3)(c) (with Schs. 1-3)
F2Words in s. 2A(1)(a) substituted (6.4.2007) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 37; S.I. 2007/1019, art. 4
F3S. 2A(2)(a)(aa) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 14; S.I. 2004/759, art. 5(2)(b)
F4S. 2A(2)(c) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 36; S.I. 2007/935, art. 5(gg)