Search Legislation

Children Act 1989

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Paragraph 5

 Help about opening options

Version Superseded: 01/04/2011

Alternative versions:

Status:

Point in time view as at 01/09/2008. This version of this provision has been superseded. Help about Status

Changes to legislation:

Children Act 1989, Paragraph 5 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

F15(1)If any person—

(a)acts as a child minder [F2in Wales] at any time when he is disqualified for registration for child minding [F3in Wales] ; or

(b)contravenes F4...[F4sub-paragraph (4) or (5)] of paragraph 4,

he shall be guilty of an offence.

F5F5(...). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5(2)A person who contravenes sub-paragraph (4) of paragraph 4 shall not be guilty of an offence under this paragraph if—

(a)he is disqualified for registration by virtue only of regulations made under sub-paragraph (3) of paragraph 4, and

(b)he proves that he did not know, and had no reasonable grounds for believing, that he was living in the same household as a person who was disqualified for registration or in a household in which such a person was employed.]

(3)Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.

(4)A person guilty of an offence under this paragraph shall be 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.

Textual Amendments

F1Sch. 9A para. 5 inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2;S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F2Words in Sch. 9A para. 5(1)(a) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(a)(i); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F3Words in Sch. 9A para. 5(1)(a) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(a)(ii); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F4Words in Sch. 9A para. 5(1)(b) substituted (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F5Sch. 9A para. 5(2) substituted (1.9.2008 for E. and otherwise prosp.) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(5)(c); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?