The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018

Regulation 4(2)

SCHEDULE 1 E+W ORDERS ETC RELATING TO THE CARE OF CHILDREN

1.  An order under section 31(1)(a) of the 1989 Act (care order). E+W

2.  An order under article 50(1)(a) of the Children (Northern Ireland) Order 1995 M1 (care order). E+W

Marginal Citations

M1 S.I. 1995/755 (N.I. 2).

3.  An order under section 3(3) of the Children and Young Persons (Guernsey) Law 1967 (fit person order or special care order). E+W

4.  An order made further to an application as permitted under section 48(3) of the Children (Guernsey and Alderney) Law 2009 (community parenting order). E+W

5.  An order under section 31(1)(a) of the Children and Young Persons Act 2001 M2 (an Act of Tynwald). E+W

Marginal Citations

M2 2001 c. 20.

6.  An order or determination specified in Schedule 4 to the Children (Jersey) Law 2002 M3 . E+W

Marginal Citations

M3 Jersey Law 50/2002.

7.  Any order that would have been deemed to be a care order by virtue of paragraph 15 of Schedule 14 to the 1989 Act (transitional provisions for children in compulsory care). E+W

8.  A supervision order which imposes a residence requirement under paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000 M4 , section 12AA of the Children and Young Persons Act 1969 M5 (requirement to live in local authority accommodation) [F1 , paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or paragraph 24 of Schedule 6 to the Sentencing Code ]. E+W

Textual Amendments

F1 Words in Sch. 1 para. 8 substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 439 (with Sch. 27); S.I. 2020/1236, reg. 2

Marginal Citations

M4 Schedule 6 was repealed by part 1 of Schedule 28 to the Criminal Justice and Immigration Act 2008 (c. 4), subject to savings and transitional provisions specified in paragraphs 1(1) and (5) of Schedule 27 to that Act.

M5 Section 12AA was repealed by part 1 of Schedule 12 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6).

9.  A parental responsibility order made under article 7 of the Children (Northern Ireland) Order 1995 M6 . E+W

Marginal Citations

M6 S.I. 1995/75.

10.  A child protection order under section 57 of the Children (Scotland) Act 1995 M7 or section 37 of the Children's Hearings (Scotland) Act 2011 M8 . E+W

Marginal Citations

M7 1995 c. 36. This Act was repealed by paragraph 1 of Schedule 6 to the Children's Hearings (Scotland) Act 2011 asp 1.

M8 2011 asp 1.

11.  An exclusion order under section 76 of the Children (Scotland) Act 1995 M9 . E+W

Marginal Citations

M9 1995 c. 36.

12.  A supervision order which imposes a residence requirement under paragraph 5 of Schedule 9 to the Children and Young Persons Act 2001 (an Act of Tynwald) (requirement to live in accommodation provided by the Department of Health and Social Security). E+W

13.  An order made at any time imposing a supervision requirement with respect to a child so as to remove that child from P's care, under— E+W

(a) section 44 of the Social Work (Scotland) Act 1968 M10 ;

(b) section 70 of the Scotland Act 1995 M11 .

Marginal Citations

M10 1968 c. 49. Section 44 was repealed by paragraph 1 of Schedule 5 to the Children (Scotland) Act 1995 (c. 36).

M11 Section 70 was repealed by paragraph 1 of Schedule 6 to the Children's Hearings (Scotland) Act 2011 asp 1.

14.  A compulsory supervision order, within the meaning of section 83 of the Children's Hearings (Scotland) Act 2011, or interim compulsory supervision order, within the meaning of section 86 of that Act, made at any time with respect to a child so as to remove that child from P's care. E+W

15.  An order made at any time vesting P's rights and powers with respect to a child in a local authority in Scotland— E+W

(a) under section 16 of the Social Work (Scotland) Act 1968 M12 ; or

(b) pursuant to a parental responsibilities order under section 86 of the Children (Scotland) Act 1995 M13 .

Marginal Citations

M12 Section 16 was repealed by paragraph 1 of Schedule 5 to the Children (Scotland) Act 1995 (c. 36).

M13 Section 86 was repealed by paragraph 1 of Schedule 3 to the Adoption and Children (Scotland) Act 2007 asp 4.

16.  A permanence order made, or treated as being made, under section 80 of the Adoption and Children (Scotland) Act 2007 M14 . E+W

Marginal Citations

M14 2007 asp 4.

17.  In relation to registration of a children's home— E+W

(a) a refusal of P's application for registration under section 13 of the Care Standards Act 2000 M15 ;

(b) cancellation of P's registration under section 14 or 20(1) of the Care Standards Act 2000;

(c) cancellation of the registration of any person under section 14 or 20(1) of the Care Standards Act 2000 in relation to a children's home which P has been concerned in the management of, or has any financial interest in; or

(d) refusal of P's application for registration or cancellation of P's registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 M16 .

Marginal Citations

M15 2000 c. 14.

M16 S.I. 2003/431 (N.I.9).

18.   [F2 In relation to the registration of a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”))—]

(a) a refusal of P's application for registration under section 7 of the 2016 Act;

(b) a refusal under section 12 of the 2016 Act od P's application to vary P's registration (made in accordance with section 11(1)(a)(i) or (ii) of that Act);

(c) a cancellation of P's registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d) a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 Act in relation to a care home service provided wholly or mainly to persons under the age of 18 [F3 , or a secure accommodation service,] in which P has been concerned in the management, or in which P had any financial interest;

(e) a variation of P's registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act; or

(f) a refusal of P's application for registration or cancellation of P's registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 M17 .

Textual Amendments

F2 Words in Sch. 1 para. 18 substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 27(2)(a)

F3 Words in Sch. 1 para. 18(d) inserted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 27(2)(b)

Marginal Citations

M17 S.I. 2003/431.

19.  Refusal at any time of P's application for registration in relation to a voluntary home or a children's home, or cancellation of the registration of a voluntary home or children's home which was carried on by P or which P was otherwise concerned with the management of, or had any financial interest in, under, as the case may be— E+W

(a) paragraph 1 of Schedule 5 to the 1989 Act M18 ;

(b) paragraph 1 or 4 of Schedule 6 to the 1989 Act M19 ;

(c) section 127 of the Children and Young Persons Act (Northern Ireland) 1968 M20 ;

(d) article 80, 82, 96 or 98 of the Children (Northern Ireland) Order 1995 M21 ;

(e) Part 1 of the Regulation of Care (Scotland) Act 2001 M22 (care home services);

(f) Paragraph 2 or 4 of Schedule 2 to the Children and Young Persons Act 2001 (an Act of Tynwald); or

(g) Part 5 of the Public Services Reform (Scotland) Act 2010 M23 .

Marginal Citations

M18 Paragraph 1 of Schedule 5 to the 1989 Act was repealed in relation to England and Wales by paragraph 1 of Schedule 6 to the Care Standards Act 2000 (“the 2000 Act”).

M19 Paragraphs 1 and 4 of Schedule 6 to the 1989 Act were repealed in relation to England and Wales by paragraph 1 of Schedule 6 to the 2000 Act.

M20 This section was repealed by the Children (Northern Ireland) Order 1995 (N.I. 2).

M21 Articles 80, 82, 96 and 98 were revoked by paragraph 1 of Schedule 5 to the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003/431.

M22 2001 asp 8. Part 1 was repealed by paragraph 37 of Schedule 14 to the Public Services Reform (Scotland) Act 2010 asp 8, with savings specified in article 2 of S.S.I. 2011/169.

M23 2010 asp 8.

20.  A prohibition imposed at any time under— E+W

(a) section 69 of the 1989 Act, section 10 of the Foster Children Act 1980 M24 or section 4 of the Children Act 1958 (power to prohibit private fostering) M25 ;

(b) article 110 of the Children (Northern Ireland) Order 1995 (power to prohibit private fostering); or

(c) section 10 of the Foster Children (Scotland) Act 1984 M26 (power to prohibit the keeping of foster children);

(d) section 59 of the Children and Young Persons Act 2001 (an Act of Tynwald) (power to prohibit or impose restrictions upon private fostering).

Marginal Citations

M24 1980 c. 6, hereafter referred to as “the 1980 Act”. This section was repealed by section 108 and Schedule 15 to the 1989 Act.

M25 The Children Act 1958 was repealed with savings, by section 23 and Schedule 3 to the 1980 Act and section 22 and Schedule 3 to the Foster Children (Scotland) Act 1984 (c. 56). Also see footnote (d) with regard to the repeal of the 1980 Act. The Foster Children (Scotland) Act 1984 has effect subject to transitional provisions set out in that Act.

M26 1984 c. 56.

21.  Refusal at any time of registration in respect of the provision of nurseries, day care, child minding or other provision of childcare, disqualification from such registration or cancellation of any such registration under— E+W

(a) section 1 or section 5 of the Nurseries and Child-Minders Regulation Act 1948 M27 ;

(b) Part 10 or Part 10A of the 1989 Act M28 ;

(c) Chapter 2, 3 or 4 of Part 3 of the Act;

(d) Part XI of the Children (Northern Ireland) Order 1995;

(e) section 11(5) or section 15 of the Children and Young Persons Act (Northern Ireland) 1968;

(f) Part 1 of the Regulation of Care (Scotland) Act 2001 M29 ;

(g) section 1 of the Nurseries and Child Minders Regulation Act 1974 M30 (an Act of Tynwald);

(h) section 65 or 66 M31 of, or Schedule 7 M32 to, the Children and Young Persons Act 2001 (an Act of Tynwald; or

(i) Part III of the Child Protection (Guernsey) Law 1972; or

(j) Part 2 of the Children and Families (Wales) Measure 2010.

Marginal Citations

M27 1948 c. 53. This Act was repealed with savings by section 108 and paragraphs 33 and 34 of Schedule 14 and Schedule 15 to the 1989 Act.

M28 Part 10 was repealed in relation to England and Wales by section 79 of the Care Standards Act 2000 (c. 14) and in relation to Scotland by section 80 of, and Schedule 4 to the Regulation of Care (Scotland) Act 2001 (asp. 8). Part 10A was repealed in relation to Wales by section 73 of, and Schedule 2 to the Children and Families (Wales) Measure 2010 (2010 nawm 1).

M29 2001 asp 8. Part 1 was repealed by paragraph 37 of Schedule 14 to the Public Services Reform (Scotland) Act 2010 asp 8, with savings specified in article 2 of S.S.I. 2011/169.

M30 This Act was repealed by section 105 of, and Schedule 13 to the Children and Young Persons Act 2001.

M31 2001 c. 20. Sections 65 and 66 were repealed by section 196 of the Regulation of Care Act 2013 (an Act of Tynwald) (“the 2013 Act”).

M32 Schedule 7 was repealed by section 199 of the 2013 Act.

22.  Disqualification from working with children at any time under the Protection of Children (Scotland) Act 2003 M33 . E+W

Marginal Citations

M33 2003 asp 5. This Act was repealed by paragraph 42 of Schedule 4 to the Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14) except in relation to section 16.

23.  Refusal at any time of P's application for registration or cancellation of P's registration under section 62 of the Social Work (Scotland) Act 1968 M34 (registration of residential and other establishments). E+W

Marginal Citations

M34 1968 c. 49. Section 62 was repealed by paragraph 1 of Schedule 4 to the Regulation of Care (Scotland) Act 2001 asp 8 subject to savings specified in article 21 of S.S.I 2011/121.

24.  Refusal at any time of P's application for registration as a provider of a child care agency under section 7 of the Regulation of Care (Scotland) Act 2001 or cancellation of any such registration under section 12 or 18 of that Act M35 . E+W

Marginal Citations

M35 Sections 7, 12 and 18 were repealed in Scotland by paragraph 37 of Schedule 14 to the Public Services Reform (Scotland) Act 2010 asp 8, subject to savings specified in article 21 of S.S.I 2011/121.

25.  Refusal at any time of P's application for registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or cancellation of any such registration under section 64 or 65 of that Act. E+W

26.  Inclusion of P's name at any time on a list of persons unsuitable to work with children under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or disqualification from working with children under Chapter II of Part II of that Order M36 . E+W

Marginal Citations

M36 S.I. 2003/417 (N.I. 4). Article 3 and Chapter II of Part II of that Order were partially repealed by paragraph 1 of Schedule 8 to the Safeguarding Vulnerable Groups (Northern Ireland) Order S.I. 2007/1351, for purposes specified in article 4 of SR 2009/346 and article 3 of SR 2010/145.

Regulation 4(5)

SCHEDULE 2 E+W REPEALED STATUTORY OFFENCES

1.—(1) An offence under any of the following sections of the Sexual Offences Act 1956 M37 ; E+W

(a) section 1(rape);

(b) section 2 or 3 (procurement of woman by threats or false pretences);

(c) section 4 (administering drugs to obtain or facilitate intercourse);

(d) section 5 (intercourse with a girl under 13);

(e) section 6 (intercourse with a girl under 16);

(f) section 14 or 15 (indecent assault):

(g) section 16 (assault with intent to commit buggery);

(h) section 17 (abduction of women by force or for the sake of her property);

(i) section 19 or 20 (abduction of girl under 18 or 16);

(j) section 24 (detention of woman in brothel or other premises);

(k) section 25 or 26 (permitting girl under 13, or between 13 and 16, to use premises for intercourse);

(l) section 28 (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16).

(2) An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child) M38 .

(3) An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to incest) M39 .

(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 M40 (abuse of trust).

(5) An offence under section 70 of the 1989 Act, section 16 of the Foster Children Act 1980 M41 or section 14 of the Children Act 1958 (offences relating to private fostering) M42 .

(6) An offence under section 63(10) of, paragraph 1(5) of Schedule 5 to, or paragraph 2(3) of Schedule 6 to, the 1989 Act (offences relating to voluntary homes and children's homes) M43 .

(7) An offence under or by virtue of any of the following sections of the Regulation of Care (Scotland) Act 2001 M44 —

(a) section 21 (offences in relation to registration);

(b) section 22 (false statements in applications); or

(c) section 29(10) (offences under regulations).

Marginal Citations

M37 1956 c. 69. All the sections referred to in paragraphs (a) to (l) of this sub-paragraph, were repealed by paragraph 1 of Schedule 7 to the Sexual Offences Act 2003 (c. 42) (“the 2003 Act”).

M38 1960 c. 33. Section 1 was repealed by paragraph 1 of Schedule 7 to the 2003 Act.

M39 1977 c. 45. Section 54 was repealed by paragraph 1 of Schedule 7 to the 2003 Act.

M40 2000 c. 44. Section 3 extends to Scotland and Northern Ireland (see sections 7(2) and (4)) but was repealed in relation to England and Wales and Northern Ireland by the 2003 Act.

M41 1980 c. 6. This Act was repealed by section 108 of the 1989 Act.

M42 1958 c. 65. Section 14 was repealed by the Foster Children Act 1980. The 1980 Act was repealed by the 1989 Act.

M43 Each of these provisions was repealed by the Care Standards Act 2000 (c. 14).

M44 2001 asp. 8. Each of the provisions in paragraphs (a) to (c) were repealed by paragraph 37 of Schedule 14 to the Public Services Reform (Scotland) Act 2010 asp 8.

2.  P falls within this paragraph if P has been found to have committed an offence under any of the following provisions committed against or involving a child— E+W

(a) section 7 of the Sexual Offences Act 1956 (intercourse with defective);

(b) section 9 of that Act (procurement of defective);

(c) section 10 of that Act (incest by a man);

(d) section 11 of that Act (incest by a woman);

(e) section 12 of that Act (buggery) except if the other party to the act of buggery was aged 16 or over and consented to the act;

(f) section 13 of that Act (indecency between men) except if the other party to the act of gross indecency was aged 16 or over and consented to the act;

(g) section 21 of that Act (abduction of defective from parent or guardian);

(h) section 22 of that Act (causing prostitution of women);

(i) section 23 of that Act (procuration of girl under 21);

(j) section 27 of that Act (permitting defective to use premises for intercourse);

(k) section 29 of that Act (causing or encouraging prostitution of defective);

(l) section 30 of that Act (man living on earnings of prostitution);

(m) section 31 of that Act (woman exercising control over prostitute);

(n) section 128 of the Mental Health Act 1959 M45 (sexual intercourse with patients);

(o) section 4 of the Sexual Offences Act 1967 M46 (procuring others to commit homosexual acts);

(p) section 5 of that Act (living on earnings of male prostitution);

(q) section 9(1)(a) of the Theft Act 1968 M47 (burglary); or

(r) an offence that is related to an offence specified in sub-paragraphs (a) to (q).

Marginal Citations

M45 1959 c. 72. Section 128 was repealed by paragraph 13 of Schedule 7 to the Sexual Offences Act 2003 (c. 42) (“the 2003 Act”).

M46 1967 c. 60. Section 4 was repealed by paragraph 15 of Schedule 7 to the 2003 Act.

M47 1968 c. 60.

Regulation 4(7)

SCHEDULE 3 E+W SPECIFIED OFFENCES

Offences in England and Wales E+W

1.—(1) An offence under section 1 (offence of sending letters etc, with intent to cause distress or anxiety) of the Malicious Communications Act 1988 M48 .

(2) An offence under section 49 or 50(9) of the 1989 Act (offences relating to the abduction of a child in care).

(3) An offence under any of the following sections of the Protection from Harassment Act 1997 M49 —

(a) section 4 (putting people in fear of violence); or

(b) section 4A (stalking involving fear of violence or serious alarm or distress) M50 .

(4) An offence under any of the following sections of the Terrorism Act 2000 M51 —

(a) section 11 (membership);

(b) section 12 (support);

(c) section 13 (uniform);

(d) section 15 (fund-raising);

(e) section 54 (weapons training) M52 ;

(f) section 56 (directing terrorist organisation);

(g) section 58A (eliciting, publishing or communicating information about members of armed forces etc,) M53 ;

(h) section 59 (England and Wales); or

(i) section 63 (terrorist finance: jurisdiction).

(5) An offence in relation to a children's home under or by virtue of any of the following provisions of the Care Standards Act 2000 M54 —

(a) section 11(1) (failure to register);

(b) section 24 (failure to comply with conditions);

(c) section 25 (contravention of regulations);

(d) section 26 (false descriptions of establishments and agencies); or

(e) section 27 (false statements in applications).

(6) An offence under section 127 (improper use of public electronic communications network) of the Communications Act 2003 M55 .

(7) An offence under any of the following provisions of the Sexual Offences Act 2003 M56 —

(a) section 15A (sexual communication with a child) M57 ;

(b) section 62 or 63 (committing an offence or trespassing with intent to commit a sexual offence);

(c) section 64 or 65 (sex with an adult relative);

(d) section 69 (intercourse with an animal) M58 ; or

(e) section 70 (sexual penetration of a corpse).

(8) An offence under any of the following provisions of the Terrorism Act 2006 M59 —

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts and terrorist training);

(d) section 6 (training for terrorism) M60 ;

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making and possession of devices or materials);

(g) section 11 (terrorist threats relating to devices, materials or facilities).

(9) An offence under section 62 (possession of prohibited images of children) of the Coroners and Justice Act 2009 M61 .

(10) An offence under any of the following provisions of the Criminal Justice and Courts Act 2015 M62 —

(a) section 20 (ill treatment or wilful neglect: care worker offence);

(b) section 21 (ill treatment or wilful neglect: care provider offence); or

(c) section 33 (disclosing private sexual photographs and films with intent to cause distress).

(11) An offence under any of the following provisions of the Serious Crime Act 2015 M63 —

(a) section 69 (possession of paedophile manual) M64 ; or

(b) section 76 (controlling or coercive behaviour in an intimate or family relationship).

(12) An offence under any of the following provisions of the Modern Slavery Act 2015 M65 —

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking);

(c) section 4 (committing offence with intent to commit offence under section 2); or

(d) section 30 (offences) M66 .

(13) An offence under section 5 (supplying, or offering to supply, a psychoactive substance) of the Psychoactive Substances Act 2016 M67 .

(14) [F4 An offence in relation a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the 2016 Act”)) under or by virtue of any of the following provisions of the 2016 Act—]

(a) section 5 (requirement to register);

(b) section 43 (failure to comply with a condition);

(c) section 44 (false descriptions);

(d) section 45 (failure by service provider to comply with requirements in regulations); or

(e) section 47 (false statements).

Textual Amendments

F4 Words in Sch. 3 para. 1(14) substituted (29.4.2019) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2019 (S.I. 2019/237), reg. 1(2), Sch. 1 para. 27(3)

Marginal Citations

M48 1988 c. 27.

M49 1997 c. 40.

M50 Section 4A was inserted by section 111(2) of the Protection of Freedoms Act 2012 (c. 9).

M51 2000 c. 11.

M52 Section 54 was amended by section 120 of the Anti-terrorism, Crime and Security Act 2001 (c. 24), section 1 of the Criminal Justice and Courts Act 2015 (c. 2) (“the 2015 Act”) (with transitional provisions included in S.I. 2015/778) and paragraph 1 of Schedule 9 to the Counter-Terrorism Act 2008 (c. 28).

M53 Section 58A was inserted by section 76(1) of the Counter-Terrorism Act 2008 (c. 28).

M54 2000 c. 14.

M55 2003 c. 21. Section 127 was amended by section 51 of the 2015 Act.

M56 2003 c. 42.

M57 Section 15A was inserted by section 67 of the Serious Crime Act 2015 (c. 9).

M58 Section 69 was repealed in relation to Northern Ireland by paragraph 1 of Schedule 3 to the Sexual Offences (Northern Ireland) Order 2008 S.I. 2008/1769, subject to savings specified in that Order.

M59 2006 c. 11.

M60 Section 6 was amended by section 1 of the Criminal Justice and Courts Act 2015 (c. 2).

M61 2009 c. 25.

M62 2015 c. 2.

M63 2015 c. 9.

M64 Section 69 was amended by regulations 23 and 24 of the Modern Slavery Act 2015 (Consequential Amendments) Regulations S.I. 2016/244.

M65 2015 c. 30.

M66 Section 30 was amended by paragraphs 3(2)(a) and (b) of, and paragraph 3 of Schedule 1 to the Human Trafficking and Exploitation (Scotland) Act 2015 (Consequential Provisions and Modifications) Order S. I. 2016/1031.

M67 2016 c. 2.

Offences in Scotland E+W

2.—(1) An offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 M68 .

(2) An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 M69 .

(3) The common law offence of plagium (theft of a child below the age of puberty).

(4) An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 M70 (offences relating to indecent photographs of children).

(5) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 M71 (abuse of trust).

(6) An offence under any of the following—

(a) section 81, 83 or 89 of the Children (Scotland) Act 1995 M72 , section 59(1) or 171(2) of the Children's Hearings (Scotland) Act 2011 or section 17(8) or 71 of the Social Work (Scotland) Act 1968 (harbouring offences);

(b) section 6 of the Child Abduction Act 1984 M73 (taking or sending child out of the United Kingdom);

(c) section 15 of the Foster Children (Scotland) Act 1984 (offences relating to private fostering).

(7) An offence under or by virtue of section 60(3), 61(3) or 62(6) of the Social Work (Scotland) Act 1968 M74 (offences relating to residential and other establishments).

(8) An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following sections of the Public Services Reform (Scotland) Act 2010 M75 —

(a) section 78 (regulations: care services);

(b) section 80 (offences in relation to registration under Chapter 3); or

(c) section 81 (false statements in application under Chapter 3).

Marginal Citations

M68 2009 asp 9.

M69 1995. c. 46. Schedule 1 was repealed by paragraphs 1 and 2 of Schedule 2 to the Criminal Justice (Scotland) Act 2016 asp 1.

M70 1982 c. 45. Section 52 was amended by paragraph 44 of Schedule 4 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) and section 16 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9). Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c. 33). Both sections 52 and 52A were amended by section 84 of the Criminal Justice and Public Order Act 1994 (c. 33), section 19 of the Criminal Justice (Scotland) Act 2003 (asp 7), and section 41 of, and paragraph 13 of Schedule 7 to the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

M71 2000 c. 44. Section 3 was repealed in relation to England, Wales and Northern Ireland by paragraph 45 of Schedule 6 to the Sexual Offences Act 2003 (c. 42). It was repealed in relation to Scotland by Schedule 6 to the Sexual Offences (Scotland) Act 2009.

M72 1995 c. 36. Section 81 was partially repealed by Schedule 6 to the Children's Hearings (Scotland) Act 2011 asp 1 (“the 2011 Act”). Section 83 was repealed in relation to England, Wales and Northern Ireland by part 2 of Schedule 2 to the Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013/1465. The repeal has effect subject to transitional provisions and savings specified in article 4 of that Order. Section 83 was repealed in relation to Scotland by Schedule 6 to the 2011 Act. Section 89 was repealed by Schedule 3 to the Adoption and Children (Scotland) Act 2007 asp 4.

M73 1984 c. 37. Section 6 was amended in relation to Scotland by paragraph 34 of Schedule 4 to the Children (Scotland) Act 1995 (c. 36).

M74 1968 c. 49. Sections 60, 61 and 62 were repealed by Schedule 4 to the Regulation of Care (Scotland) Act 2001 asp 8, subject to savings specified in articles 11 and 13 of S.S.I 2002/162.

M75 2010 asp 8.

Offences in Northern Ireland E+W

3.—(1) An offence of rape under article 5 of the Sexual Offences (Northern Ireland) Order 2008 M76 .

(2) An offence under section 66, 69 or 70 of the Sexual Offences Act 2003 M77 .

(3) An offence under article 70, 73 or 74 of the Sexual Offences (Northern Ireland) Order 2008.

(4) An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968.

(5) An offence under article 3 of the Protection of Children (Northern Ireland) Order 1978 M78 indecent photographs).

(6) An offence contrary to article 9 of the Criminal Justice (Northern Ireland) Order 1980 M79 (inciting girl under 16 to have incestuous sexual intercourse).

(7) An offence contrary to article 15 of the Criminal Justice (Evidence etc) (Northern Ireland) Order 1988 M80 (possession of indecent photographs of children).

(8) An offence under sections 16 to 19 of the Sexual Offences Act 2003 (abuse of position of trust).

(9) An offence under Part 3 of the Sexual Offences (Northern Ireland) Order 2008 (sexual offences against children).

(10) An offence under any of the following—

(a) article 68 or 69(9) of the Children (Northern Ireland) Order 1995 M81 (offences relating to the abduction of a child in care;

(b) article 132 of the Children (Northern Ireland) Order 1995, or section 14 of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to child minding and day care);

(c) article 117 of the Children (Northern Ireland) Order 1995, or section 9(1) of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to private fostering); or

(d) article 79(3), 81(4), 95(3) or 97(4) of the Children (Northern Ireland) Order 1995, or section 127(5) or 129(3) of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to voluntary homes and children's homes).

(11) An offence contrary to section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 M82 (human trafficking).

(12) An offence contrary to section 51 of the Justice Act (Northern Ireland) 2016 M83 (disclosing private sexual photographs and films with intent to cause distress).

Marginal Citations

M76 S.I. 2008/1769. (N.I. 2) (hereafter referred to as “the 2008 Order”).

M77 Sections 66, 69 and 70 were repealed in relation to Northern Ireland by paragraph 1 of Schedule 3 to the 2008 Order, subject to savings specified in that Order.

M78 S.I. 1978/1047 (N.I.17). Article 3 was amended by section 84(10) of the Criminal Justice and Public Order Act 1994 (c. 33) (“the 1994 Act”), section 41(2) of the 2000 Act and paragraph 8 of Schedule 1 to the Criminal Justice (Northern Ireland) Order (S.I. 2003/1247) (N.I.13).

M79 S.I. 1980/704 (N.I.6). Article 9 has been repealed and replaced by article 33 of the 2008 Order.

M80 S.I. 1988/1847 (N.I.17). Article 15 was amended by sections 84(11) and 86(2) of the 1994 Act and section 41(4) of the 2000 Act.

M81 S.I. 1995/755. (N.I. 2).

M82 2015 c. 2.

M83 2016 c. 21.

Offences in Jersey E+W

4.  An offence contrary to—

(a) Part 7 of the Children's Jersey Law 1969 M84 ;

(b) Schedule 4 to the Children (Jersey) Law 2002 M85 ; or

(c) The Day Care of Children (Jersey) Law 2002 M86 .

Marginal Citations

M84 Jersey Law 16/1969.

M85 Jersey Law 50/2002.

M86 Jersey Law 51/2002.

Offences in Guernsey E+W

5.  An offence contrary to—

(a) the ‘Loi pour la Punition d’Inceste' (Law for the Punishment of Incest) 1909 M87 ;

(b) the ‘Loi relative a la protection des Femmes et des Filles Mineures’ (Law for the Protection of Women and Young Girls) 1914 M88 ;

(c) the ‘Loi relative a la Sodomie’ (Law relating to Sodomy) 1929 M89 ;

(d) article 7, 9, 10,11 or 12, section 1 of article 41 or section 1, 2, 3 or 4 of article 51 of the ‘Loi ayant rapport a la Protection des Enfants et des Jeunes Personnes’ (Law relating to the Protection of Children and Young Persons) 1917 M90 ;

(e) the Children and Young Persons (Guernsey) Law 1967;

(f) the Protection of Children (Balliwick of Guernsey) Law 1995 M91 .

Marginal Citations

M87 Orders in Council Volume IV p. 288.

M88 Orders in Council Volume V p. 74.

M89 Orders in Council Volume VIII p. 273.

M90 Orders in Council Volume V p. 342 as amended by Loi Supplementaire a la Loi ayant rapport a la Protection des Enfants et des Jeunes Personnes 1937, Orders in Council Volume XI p. 116 and The Protection of Children and Young Persons (Amendment) Law 1955, Orders in Council Volume XVI p. 277.

M91 Orders in Council Volume XXIX p. 103 as amended by The Administration of Justice (Bailiwick of Guernsey) Law 1991, Orders in Council Volume XXXIII p. 49, the Criminal Evidence and Miscellaneous Provisions (Bailiwick of Guernsey) Law 2002, Order in Council No. 1 of 2003 and the Criminal Justice (Miscellaneous Provisions) (Bailiwick of Guernsey) Law, 2006, Order in Council No. XIII of 2006.

Offences in the Isle of Man E+W

6.  An offence specified in Schedule 8 to the Children and Young Persons Act 2001 (an Act of Tynwald).

Other Offences E+W

7.—(1) An offence contrary to section 170 of the Customs and Excise Management Act 1979 M92 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 M93 (prohibitions and restrictions) where the prohibited goods included indecent photographs of a child.

(2) An offence by virtue of—

(a) section 72 of the Sexual Offences Act 2003 (offences outside the United Kingdom) M94 ; or

(b) section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 M95 (commission of certain sexual offences outside the United Kingdom).

(3) An offence contrary to section 32(3) of the Children and Young Persons Act 1969 M96 (detention of absentees).

(4) An offence contrary to article 10(2) (offence relating to absconding) or article 11(1) (offence of intentional obstruction) of the Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 M97 .

Marginal Citations

M92 1979 c. 2. Section 170 was amended by section 114 of the Police and Criminal Evidence Act 1984 (c. 60), S.I. 1996/2686, section 75 of, and paragraph 8 of Schedule 17 to the Criminal Justice and Immigration Act 2008 (c. 4), section 111 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), S.I. 2015/664, section 12 of the Finance Act 1988 (c. 39), S.I. 2004/702, S.I. 2005/1966 and section 3 of, and paragraph 7 of Schedule 2 to the Finance (No 2) Act 1992 (c. 48).

M93 1876 c. 36. Section 42 was amended by the Statute Law Repeals Act 1993 (c. 50) and the Statute Law (Repeals) Act 2008 (c. 12).

M94 2003 c. 42. Section 72 was repealed in relation to Northern Ireland by paragraph 1 of Schedule 3 to the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769), subject to savings specified in S.I. 2008/1769.

M95 1995 c. 39. Section 16B was repealed by paragraph 1 of Schedule 6 to the Sexual Offences (Scotland) Act 2009 (asp 9).

M96 1969 c. 54.

M97 S.I. 2013/1465.