Part 4Advisory and support services for family proceedings
CAFCASS functions in Wales
39Protection of children
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.