Care Standards Act 2000

94 Employment agencies and businesses

(1) In subsection (9) of section 2 of the 1999 Act (inclusion on reference to Secretary of State in list of individuals who are considered unsuitable to work with children)—

(a) for “This section” there shall be substituted “Subsections (1) to (8) and (10) of this section”; and

(b) for the words from “(a)” to “harm” there shall be substituted—

“(a) in subsection (1), for the words from “there is” to the end there were substituted the following paragraphs—

“(a) the organisation has decided not to do any further business with the individual on the grounds of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; or

(b) the organisation has decided on such grounds not to find the individual further employment, or supply him for further employment, in a child care position;””

(2) After subsection (9) of that section there shall be inserted—

“(9A) Subsections (1) to (8) and (10) of this section shall have effect in relation to an organisation which carries on an employment business as if—

(a) in subsection (1)—

(i) for the words from “who” to “position” there were substituted the words “who has been supplied by the organisation for employment in a child care position”; and

(ii) paragraph (b) and the word “or” preceding it were omitted;

(b) for subsection (2)(c) and (d) there were substituted the following paragraph—

“(c) that the organisation has, on such grounds, decided not to supply the individual for further employment in a child care position.” and

(c) subsections (3), (6)(b) and (8) were omitted.”