4(1)Regulations may provide for a person to be disqualified for registration for child minding or providing day care [in Wales].
(2)The regulations may, in particular, provide for a person to be disqualified where—
(a)he is included in the list kept under section 1 of the Protection of Children Act 1999;
[(b)he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children [or on grounds relating to his health] ;]
(c)an order of a prescribed kind has been made at any time with respect to him;
(d)an order of a prescribed kind has been made at any time with respect to any child who has been in his care;
(e)a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
(f)he has at any time been refused registration under Part X or Part XA [, or Part 3 of the Childcare Act 2006,] or any prescribed enactment or had any such registration cancelled;
(g)he has been convicted of any offence of a prescribed kind, or has been . . . discharged absolutely or conditionally for any such offence;
[(ga)he has been given a caution in respect of any offence of a prescribed kind;]
(h)he has at any time been disqualified from fostering a child privately;
(j)a prohibition has been imposed on him at any time under section 69, section 10 of the Foster Children (Scotland) Act 1984 or any prescribed enactment;
(k)his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
(3)Regulations may provide for a person who lives—
(a)in the same household as a person who is himself disqualified for registration for child minding or providing day care [in Wales]; or
(b)in a household at which any such person is employed,
to be disqualified for registration for child minding or providing day care [in Wales] .
[(3A)Regulations under this paragraph may provide for a person not to be disqualified for registration [(and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5))] by reason of any fact which would otherwise cause him to be disqualified if—
(a)he has disclosed the fact to [the Assembly] , and
(b)[the Assembly] has consented in writing . . . and has not withdrawn that consent.]
(4)A person who is disqualified for registration for providing day care shall not provide day care [in Wales] , or be [directly] concerned in the management of, . . . any provision of day care [in Wales] .
(5)No person shall employ, in connection with the provision of day care [in Wales] , a person who is disqualified for registration for providing day care [in Wales] .
[(6)In this paragraph—
“ caution ” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;
“ enactment ” means any enactment having effect, at any time, in any part of the United Kingdom. ]
[(7)A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.]
Textual Amendments
Marginal Citations