39Protection of childrenE+W
(1)The Protection of Children Act 1999 (c. 14) (“the 1999 Act”) shall have effect as if the Assembly, in performing its functions under sections 35 and 36, were a child care organisation within the meaning of that Act.
(2)Arrangements which the Assembly makes with an organisation under section 36(1) must provide that, before selecting an individual to be employed under the arrangements in a child care position, the organisation—
(a)must ascertain whether the individual is included in any of the lists mentioned in section 7(1) of the 1999 Act, and
(b)if he is included in any of those lists, must not select him for that employment.
(3)Such arrangements must provide that, if at any time the organisation has power to refer an individual who is or has been employed in a child care position under the arrangements to the Secretary of State under section 2 of the 1999 Act (inclusion in list on reference following disciplinary actions etc), the organisation must so refer him.
(4)In this section, “child care position” and “employment” have the same meanings as in the 1999 Act.