SCHEDULES

SCHEDULE 9 Child Minding and Day Care for Young Children

Disqualification from registration

I2E22

1

A person may not be registered under section 71 if he is disqualified by regulations made by the Secretary of State for the purposes of this paragraph F1unless—

a

he has disclosed the fact to the appropriate local authority; and

b

obtained their written consent.

2

The regulations may, in particular, provide for a person to be disqualified where—

a

an order of a prescribed kind has been made at any time with respect to him;

b

an order of a prescribed kind has been made at any time with respect to any child who has been in his care;

c

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;

d

he has at any time been refused registration under Part X or any other prescribed enactment or had any such registration cancelled;

e

he has been convicted of any offence of a prescribed kind, or has been placed on probation or discharged absolutely or conditionally for any such offence;

f

he has at any time been disqualified from fostering a child privately;

g

a prohibition has been imposed on him at any time under section F269, section 10 of the M2Foster Children (Scotland) Act 1984 or any other prescribed enactment;

h

his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

3

A person who lives—

a

in the same household as a person who is himself disqualified by the regulations; or

b

in a household at which any such person is employed,

shall be disqualified unless he has disclosed the fact to the appropriate local authority and obtained their written consent.

4

A person who is disqualified shall not provide day care, or be concerned in the management of, or have any financial interest in, any provision of day care unless he has—

a

disclosed the fact to the appropriate local authority; and

b

obtained their written consent.

5

No person shall employ, in connection with the provision of day care, a person who is disqualified, unless he has—

a

disclosed to the appropriate local authority the fact that that person is so disqualified; and

b

obtained their written consent.

6

In this paragraph “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.

I1E12

1

A person may not be registered under section 71 if he is disqualified by regulations made by the Secretary of State for the purposes of this paragraph

2

The regulations may, in particular, provide for a person to be disqualified where—

a

an order of a prescribed kind has been made at any time with respect to him;

b

an order of a prescribed kind has been made at any time with respect to any child who has been in his care;

c

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;

d

he has at any time been refused registration under Part X or any other prescribed enactment or had any such registration cancelled;

e

he has been convicted of any offence of a prescribed kind, or has been placed on probation or discharged absolutely or conditionally for any such offence;

f

he has at any time been disqualified from fostering a child privately;

g

a prohibition has been imposed on him at any time under section 61, section 10 of the M1Foster Children (Scotland) Act 1984 or any other prescribed enactment;

h

his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

3

A person who lives—

a

in the same household as a person who is himself disqualified by the regulations; or

b

in a household at which any such person is employed,

shall be disqualified unless he has disclosed the fact to the appropriate local authority and obtained their written consent.

4

A person who is disqualified shall not provide day care, or be concerned in the management of, or have any financial interest in, any provision of day care unless he has—

a

disclosed the fact to the appropriate local authority; and

b

obtained their written consent.

5

No person shall employ, in connection with the provision of day care, a person who is disqualified, unless he has—

a

disclosed to the appropriate local authority the fact that that person is so disqualified; and

b

obtained their written consent.

6

In this paragraph “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.