Part 3Regulation of Provision of Childcare in England
Chapter 5Common provisions
F1Disqualification from registration: childminder agencies
76BConsequences of disqualification: childminder agencies
1
A person who is disqualified from registration by regulations under section 76A must not—
a
exercise any functions of an early years childminder agency or a later years childminder agency,
b
represent that the person can exercise such functions,
c
be a director, manager or other officer of, or partner in, an early years childminder agency or a later years childminder agency, be a member of the governing body of such an agency, or otherwise be directly concerned in the management of such an agency, or
d
work for such an agency in any capacity which involves entering premises on which early years provision or later years provision is being provided.
2
No early years childminder agency or later years childminder agency may employ a person who is disqualified from registration by regulations under section 76A in any capacity which involves—
a
being directly concerned in the management of an early years childminder agency or a later years childminder agency, or
b
entering premises on which early years provision or later years provision is being provided.
3
A person who contravenes subsection (1) or (2) commits an offence.
4
A person (“P”) who contravenes subsection (2) is not guilty of an offence under subsection (3) if P proves that P did not know, and had no reasonable grounds for believing, that the person whom P was employing was disqualified from registration.
5
A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.
6
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (5) to 51 weeks is to be read as a reference to 6 months.
Ss. 76A, 76B and cross-heading inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 46; S.I. 2014/889, arts. 3(m), 7(e)