26(1)The Protection of Children Act 1999 shall be amended as follows.
(2)In section 2 (inclusion in list on reference to Secretary of State)—
(a)in subsection (2)(b), for “or retired”, in each place where those words occur, there shall be substituted “ , retired or made redundant ”; and
(b)in subsection (8)(a), for “or retiring” there shall be substituted “ , retiring or being made redundant ” and for “or retired” there shall be substituted “ , retired or been made redundant ”.
(2)In section 7 (effect of inclusion in the lists kept under section 1 of the 1999 Act and section 218(6) of the M1Education Reform Act 1988)—
(a)after subsection (1) there shall be inserted—
“(1A)Where a child care organisation discovers that an individual employed by it in a child care position is included in any of the lists mentioned in subsection (1) above, it shall cease to employ him in a child care position.
For the purposes of this subsection an individual is not employed in a child care position if he has been suspended or provisionally transferred to a position which is not a child care position.”;
and
(b)in subsection (2), after “employment agency” there shall be inserted “ or an employment business ”.
(3)In section 9 (the Tribunal)—
(a)in subsection (2), for the words from “on an appeal” to the end there shall be substituted—
“(a)on an appeal or determination under section 4 above;
(b)on an appeal under regulations made under section 6 above;
(c)on an appeal under section 65A of the M2Children Act 1989 or under, or by virtue of, Part XA of that Act; or
(d)on an appeal or determination under section 21, 68, 86, 87 or 88 of the Care Standards Act 2000;”;
and
(b)after subsection (3), there shall be inserted—
“(3A)The regulations may also include provision for enabling the Tribunal to make investigations for the purposes of a determination under section 87 or 88 of the Care Standards Act 2000; and the provision that may be made by virtue of subsection (3)(j) and (k) above includes provision in relation to such investigations.
(3B)Regulations under this section may make different provision for different cases or classes of case.
(3C)Before making in regulations under this section provision such as is mentioned in subsection (2)(c) or (d) above, the Secretary of State shall consult the National Assembly for Wales.”
(4)In section 12 (interpretation)—
(a)in subsection (1)—
(i)in the definition of “employment agency”, for “has the same meaning” there shall be substituted “ and “employment business” have the same meanings ”; and
(ii)after the definition of “harm” there shall be inserted—
““local authority” has the same meaning as in the Children Act 1989;”;
and
(b)after subsection (3) there shall be inserted—
“(3A)For the purposes of this Act, an individual is made redundant if—
(a)he is dismissed; and
(b)for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.”
Commencement Information
I1Sch. 4 para. 26 wholly in force at 26.7.2004; Sch. 4 para. 26 not in force at Royal Assent see s. 122; Sch. 4 para. 26(1)(2)(4) in force at 2.10.2000 by S.I. 2000/2544, art. 2(2)(g) (with art. 3); Sch. 4 para. 26(3) in force for E. for certain purposes at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); Sch. 4 para. 26(3) in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)-(10) and to transitional provisions in Schs. 1-3); Sch. 4 para. 26(1)(3) in force for W. for certain purposes at 5.3.2003 by S.I. 2003/501, art. 2; Sch. 4 para. 26(3) in force for E. for certain purposes at 7.3.2003 by S.I. 2003/933, art. 2(1); Sch. 4 para. 26(3) in force so far as not already in force at 26.7.2004 by S.I. 2004/1757, art. 2(c)
Marginal Citations