SCHEDULES

F1SCHEDULE 9A Child Minding and Day Care for Young Children

Annotations:
Amendments (Textual)
F1

Sch. 9A (paras. 1-8) inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b)(with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

Disqualification for registration

F24

1

Regulations may provide for a person to be disqualified for registration for child minding or providing day care F14in Wales .

2

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

a

F15he is included in the list kept under section 1 of the M1Protection of Children Act 1999;

F3b

F15he 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 F11or on grounds relating to his health ;

F16ba

he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);

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 F17, 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 F9. . . discharged absolutely or conditionally for any such offence;

F12ga

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 M2Foster 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 F18in 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 F18in Wales .

F43A

Regulations under this paragraph may provide for a person not to be disqualified for registration F5(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 F19the Assembly , and

b

F19the Assembly has consented in writing F6. . . and has not withdrawn that consent.

4

A person who is disqualified for registration for providing day care shall not provide day care F20in Wales , or be F7directly concerned in the management of, F8. . . any provision of day care F21in Wales .

5

No person shall employ, in connection with the provision of day care F22in Wales , a person who is disqualified for registration for providing day care F22in Wales .

F136

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.

F107

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.