The Police Act 1997 (Criminal Records) (Jersey) Order 2010

2.  In paragraph 14(4) of Schedule 9 to the 2006 Act—

(a) for the provision to be inserted as section 113BA(2) of the 1997 Act (suitability information relating to children) substitute—

“(2) Suitability information relating to children is whether the applicant—

(a) is provisionally included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);

(b) is included in the list kept under section 1 of the Protection of Children Act 1999 otherwise than provisionally and disqualified from working with children for the purposes of section 35 of the Criminal Justice and Court Services Act 2000 (c. 43) or is barred from regulated activity relating to children;

(c) is subject to a direction made under section 142 of the Education Act 2002 (c. 32).

(2A) If the applicant is provisionally included in the list kept under section 1 of the Protection of Children Act 1999, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a child care position with a child care organisation in accordance with section 7 of that Act.

(2B) If the applicant is subject to a direction made under section 142 of the Education Act 2002, the suitability information includes—

(a) details of any prohibition or restriction on the applicant’s employment;

(b) the grounds on which the direction was made, and, where the grounds are misconduct, details of the misconduct.

(2C) In subsection (2A), “child care position” and “child care organisation” have the same meanings as in section 12 of the Protection of Children Act 1999.”;

(b) for the provision to be inserted as section 113BB(2) of the 1997 Act (suitability information relating to vulnerable adults) substitute—

“(2) Suitability information relating to vulnerable adults is whether the applicant—

(a) is provisionally included in the list kept under section 81 of the Care Standards Act 2000 (c. 14);

(b) is included in the list kept under section 81 of the Care Standards Act 2000 otherwise than provisionally and prohibited from working in a care position or is barred from regulated activity relating to vulnerable adults.

(2A) If the applicant is provisionally included in the list kept under section 81 of the Care Standards Act 2000, the suitability information includes the fact that the applicant must not be employed or, as the case may be, must cease to be employed in a care position.

(2B) In subsection (2), “care position” has the same meaning as in Part 7 of the Care Standards Act 2000.”.