SCHEDULES
F3F1 SCHEDULE 9A Child Minding and Day Care for Young ChildrenF2 in Wales
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)
Sch. 9A: words in heading inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(2); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
Disqualification for registration
F44
1
Regulations may provide for a person to be disqualified for registration for child minding or providing day care F16in 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 M1Protection of Children Act 1999;
F5b
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 F13or on grounds relating to his health ;
F17ba
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 F18, 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 F11. . . discharged absolutely or conditionally for any such offence;
F14ga
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 F19in 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 F19in Wales .
F63A
Regulations under this paragraph may provide for a person not to be disqualified for registration F7(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 F20the Assembly , and
4
5
F156
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.
F127
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.
Sch. 9A repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)