(1)After section 2 of the 1999 Act there is inserted—
(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 or Part XA of the Children Act 1989, 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—
(a)the National Care Standards Commission;
(b)the National Assembly for Wales; and
(c)Her Majesty’s Chief Inspector of Schools in England.
(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.”
(2)In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after “2” there is inserted “ or 2A ”.
(3)For the sidenote to section 2 of that Act there is substituted “ Inclusion in list on reference following disciplinary action etc. ”.
Commencement Information
I1S. 95 wholly in force at 1.4.2002; s. 95 not in force at Royal Assent see s. 122; s. 95 in force for W. at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 95 in force for E. at 1.4.2002 by S.I. 2002/1493, arts. 1(2), 3(2) (subject to transitional provisions in art. 4)