(1)Section 7 of the 1999 Act (effect of inclusion in either list) shall be amended as follows.
(2)For subsection (1) there shall be substituted—
“(1)Where a child care organisation proposes to offer an individual employment in a child care position, the organisation—
(a)shall ascertain whether the individual is included in—
(i)the list kept under section 1 above;
(ii)the list kept for the purposes of regulations made under section 218(6) of the 1988 Act (“the 1988 Act list”); or
(iii)any list kept by the Secretary of State or the National Assembly for Wales of persons disqualified under section 470 or 471 of the M1Education Act 1996 (“the 1996 Act list”); and
(b)if he is included in any of those lists, shall not offer him employment in such a position.”
(3)In subsection (2)—
(a)in paragraph (a), for the words from “the list” to the end there shall be substituted “ any of the lists mentioned in subsection (1) above ”; and
(b)in paragraph (c), for “either list” there shall be substituted “ any of those lists ”.
(4)For subsection (4) there shall be substituted—
“(4)In this section—
(a)any reference to inclusion in the 1988 Act list is a reference to inclusion in that list on the grounds mentioned in section 218(6ZA)(c) of the 1988 Act; and
(b)any reference to inclusion in the 1996 Act list is a reference to inclusion in that list as a person disqualified on the grounds mentioned in section 469(1)(d)(i) of the M2Education Act 1996.”