17.Section 7 concerns the duties of child care organisations in relation to the two lists where they propose to employ someone in a child care position (defined in section 12 and referred to at paragraph 11 above), including if that person has been supplied by an employment agency or an agency for the supply of nurses:
Subsection (1) provides that the organisation proposing to offer the post must check whether the individual is included in either of the two lists and, if so, must not offer employment;
Subsection (2) specifies what degree and frequency of checking is required when the individual has been supplied by an agency, and the circumstances in which employment falls to be refused. Separate arrangements are necessary because the individuals the agencies supply may not be engaged continuously or for more than short periods (for example, as care attendants) and it would be unreasonable to require applications for certificates on each occasion that they happen to be supplied for child care positions;
Subsection (3) explains that it will be irrelevant for the purposes of action under the section if the individual is already employed by a child care organisation. This deals with situations where, for example, an individual moves within an organisation to a new post that would attract a check;
Subsection (4) provides that for the purpose of this section the only relevant grounds from List 99 are the fit and proper grounds of subsection (6ZA)(c) inserted into section 218 of the 1988 Act by section 5(2) above.
Commentary on Sections Section 7 – General (Effect of inclusion on either list)