Children Act 1989 (c. 41)

Part VIII E+W Registered Children’s Homes

65 2 Persons disqualified from carrying on, or being employed in children’s homes. E+W

(1) A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home unless he has—

(a) disclosed to [F1 the appropriate authority] the fact that he is so disqualified; and

(b) obtained [F1 its] written consent.

(2) No person shall employ a person who is so disqualified in a children’s home unless he has—

(a) disclosed to [F1 the appropriate authority] the fact that that person is so disqualified; and

(b) obtained [F1 its] written consent.

(3) Where [F2 the appropriate authority refuses to give its consent under this section, it] shall inform the applicant by a written notice which states—

(a) the reason for the refusal;

[F3 (b) the applicant’s right to appeal under section 65A against the refusal to the [F4 First-tier Tribunal]]

(c) the time within which he may do so.

(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5) Where a person contravenes subsection (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.

[F5 (6) In this section and section 65A “appropriate authority” means—

(a) in relation to England, the [F6 Her Majesty's Chief Inspector of Education, Children's Services and Skills] ; and

(b) in relation to Wales, the National Assembly for Wales.]

Textual Amendments

F1 Words in s. 65(1)(a)(b)(2)(a)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(a); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F2 Words in s. 65(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(b); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F3 S. 65(3)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(c); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F4 Words in s. 65(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 72

F5 S. 65(6) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(d); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F6 Words in s. 65(6)(a) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 12; S.I. 2007/935, art. 5(gg)

Modifications etc. (not altering text)

C1 S. 65: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Commencement Information

I1 S. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)