Article 5 Modification to section 113BA of the Police Act 1997

Section 113BA^f1 of the Police Act 1997 has effect subject to the following modification.

For subsection (2) 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;

(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 or is barred from regulated activity relating to children;

(c)

is subject to a direction made under section 142 of the Education Act 2002.

(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 childcare position with a childcare 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), “childcare position” and “childcare organisation” have the same meanings as in section 12 of the Protection of Children Act 1999.”.