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It is a criminal offence for a person who is disqualified from working with children under the Criminal Justice and Court Services Act 2000 to apply for, offer to do, accept, or do any of the work with children set out in the Act. It is also an offence for an employer knowingly to offer, or fail to remove, a disqualified individual from such a position.
People who are included on List 99 on the grounds of being unsuitable to work with children, and those who are included permanently on the Protection of Children Act List, are automatically disqualified from working with children under the 2000 Act.
There is a duty on child care organisations (ie organisations concerned with the provision of social or health care services to children) to check that any prospective employees who they intend to employ in child care position are not included on the Protection of Children Act List or List 99. If they are, the organisation must not offer employment to that person.