The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008

PART 2 E+W Disclosure of information

Power of Chief Inspector where consent to disclosure withheld E+W

4.  The Chief Inspector M1 may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied.

Marginal Citations

M1 For the definition of “the Chief Inspector” see section 98(1) of the Childcare Act 2006, as amended by paragraph 117 of Schedule 14 to the Education and Inspections Act 2006 (c. 40).

Prescribed descriptions of information E+W

5.—(1) Information is of a prescribed description for the purposes of section 90(2)(a)(iii) if it falls within any of the descriptions set out in paragraph (2).

(2) The information—

(a) confirms the identity of A M2 ;

(b) is information about A contained in a criminal record certificate issued under section 113A of the Police Act 1997 M3 or in an enhanced criminal record certificate issued under section 113B M4 of that Act;

(c) confirms a relevant qualification claimed by A;

(d) is information about the health of A held by a medical practitioner;

(e) is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, employment record or other relevant experience of A held by—

(i) an educational institution currently or formerly attended by A,

(ii) an employer or former employer of A, or

(iii) a medical practitioner;

(f) is information about the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility;

(g) is information about A held by a local authority in connection with the exercise of its social services functions;

[F1 (ga) is information about A held by a childminder agency in connection with the exercise of its functions under Part 3 of the Act;]

(h) is information about A, whether or not of a kind described in sub-paragraphs (a) to (g), held by—

[F2 (i) the Welsh Ministers in pursuance of their functions as registration authority under Part 2 of the Children and Families (Wales) Measure 2010;]

[F3 (ii) Social Care and Social Work Improvement Scotland, pursuant to Part 5 of the Public Services Reform (Scotland) Act 2010;]

(iii) a Health and Social Services Board, pursuant to Part 11 of the Children (Northern Ireland) Order 1995 M5 ;

(iv) a body acting on behalf of the Crown in the Channel Islands or the Isle of Man;

(v) the national authority of any other member state of the European Economic Area having functions comprising the regulation of childcare.

(3) In this regulation—

“employment” includes work undertaken on a self-employed or voluntary basis (and “employer” is to be read accordingly);

“relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to the Chief Inspector's function of deciding whether or not to grant an application for registration under [F4 any of Chapters 2 to 4] of the Act, or to the function under section 68(2)(a) [F5 or 69B(2)(a)] of the Act;

“social services functions” means any functions which are social services functions for the purposes of the Local Authority Social Services Act 1970 M6 .

Textual Amendments

F1 Reg. 5(2)(ga) inserted (1.9.2014) by The Childcare (Childminder Agencies) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1921), regs. 1, 6(a)

F2 Reg. 5(2)(h)(i) substituted (W.) by S.I. 2010/2582, Sch. 4 para. 21 (as inserted (1.4.2011) by The Children and Families (Wales) Measure 2010 (Commencement No.2, Savings and Transitional Provisions) (Amendment) and (Consequential Amendments) Order 2011 (S.I. 2011/577), art. 2(3), Sch.)

F3 Reg. 5(2)(h)(ii) substituted (28.10.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications of Enactments) Order 2011 (S.I. 2011/2581), art. 1(2)(b), Sch. 2 para. 59

F4 Words in reg. 5(3) substituted (1.9.2014) by The Childcare (Childminder Agencies) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1921), regs. 1, 6(b)(i)

F5 Words in reg. 5(3) inserted (1.9.2014) by The Childcare (Childminder Agencies) (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/1921), regs. 1, 6(b)(ii)

Marginal Citations

M2 Reference to “A” is made in section 90(2)(a) of the Childcare Act 2006.

M3 1997 c.50. Section 113A was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005 (c.15), and was amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c.47) and sections 78(2) and 79(1) of, and paragraph 28 of Schedule 4 to, the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14).

M4 Section 113B was inserted by section 163(2) of the Serious Organised Crime and Police Act 2005, and was amended by paragraph 14 of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, paragraph 149 of Schedule 16 to the Armed Forces Act 2006 (c.52) and sections 79(1) and 80 of the Protection of Vulnerable Groups (Scotland) Act 2007.

M5 S.I. 1995/755 (N.I.2).

M6 1970 c.42.