11AProspective guardians and adults residing with them

#### 11A Prospective guardians and adults residing with them 11A Prospective guardians and adults residing with them > > (1) This section applies to— > > > > > (a) a prospective guardian, and > > > > > (b) a person (an adult resident) who resides on the same property as the prospective guardian during the period beginning when the application for a guardianship order relating to that prospective guardian is made under section 79A of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) and ending when it is finally dealt with. > > > (2) A person to whom this section applies must apply to the Children’s Guardian for a working with children check clearance of the volunteer class unless— > > > > > (a) the person holds a clearance of any class that is in force, or > > > > > (b) a current application for a clearance has been made by the person, or > > > > > (c) the person is exempted by the regulations from the requirement to hold a clearance. > > > (3) For the purposes of the application of this Act (other than sections 9 and 9A) to a prospective guardian or adult resident, the relevant decision-maker in relation to the prospective guardian is to be treated as the employer of the prospective guardian and adult resident. > > > (4) In this section— > > > > relevant decision-maker in relation to a prospective guardian means— > > > > > (a) if the application for the guardianship order was made by the Secretary—the Secretary, or > > > > > (b) in the case of such an application made by any other person or body—the principal officer of the designated agency responsible for assessing the prospective guardian to be a suitable person to be allocated all aspects of parental responsibility for a child or young person. > > **s 11A:** Ins 2014 No 8, Sch 2.2 \[1\]. Am 2015 No 29, Sch 2 \[11\] \[12\]; 2018 No 14, Sch 1 \[9\].