The Childcare (Free of Charge for Working Parents) (England) Regulations 2022

PART 4 E+W Offences and penalties

Offences E+W

Offence relating to onward disclosure of personal information E+W

30.—(1) A person commits an offence if—

(a) the person discloses information in contravention of regulation 28 or 29,

(b) the disclosure relates to any person whose identity—

(i) is specified in the disclosure, or

(ii) can be deduced from it, and

(c) the disclosure is made other than in accordance with—

(i) an enactment,

(ii) an order of a court, or

(iii) the written consent of the person to whom the information relates.

(2) It is a defence for a person charged with an offence under this regulation to prove that the person reasonably believed—

(a) that the disclosure was lawful, or

(b) that the information had already and lawfully been made available to the public.

(3) A person guilty of an offence under this regulation is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction—

(i) in England and Wales, to imprisonment for a term not exceeding 12 months, to a fine or to both;

(ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(iii) in Scotland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both.

Commencement Information

I1 Reg. 30 in force at 1.12.2022, see reg. 1(b)

Penalties E+W

Penalty for dishonest conduct E+W

31.—(1) A person is liable to a penalty under this regulation if the person engages in dishonest conduct in connection with the process of making a determination of a child’s eligibility for childcare under section 1 of the Act.

(2) The amount of the penalty must not exceed £3,000.

Commencement Information

I2 Reg. 31 in force at 1.12.2022, see reg. 1(b)

Penalty for false or misleading information E+W

32.—(1) A person is liable to a penalty under this regulation if the person, by reason of a failure to take reasonable care, provides false or misleading information, or makes or provides a false or misleading statement, in connection with a determination of a child’s eligibility for childcare under section 1 of the Act.

(2) Despite paragraph (1), the person is not liable to the penalty if the person—

(a) becomes aware of the false or misleading information or statement, and

(b) takes reasonable steps to inform the Commissioners or the responsible local authority (as the case may be).

(3) The amount of the penalty must not exceed £500.

Commencement Information

I3 Reg. 32 in force at 1.12.2022, see reg. 1(b)

Penalty for material inaccuracy in declaration E+W

33.—(1) A person is liable to a penalty under this regulation if, by reason of a failure to take reasonable care, the person includes a material inaccuracy in a declaration.

(2) The amount of the penalty must not exceed £300.

Commencement Information

I4 Reg. 33 in force at 1.12.2022, see reg. 1(b)

Assessment of penalty E+W

34.—(1) If a person becomes liable to a penalty under any of regulations 31, 32 or 33—

(a) the Commissioners may, subject to paragraph (3), assess the penalty, and

(b) if they do so, they must notify the person.

(2) The notification must include a statement to the effect that the person has—

(a) a right to apply to the Commissioners for a review of the penalty or its amount (see regulation 36), and

(b) a right to appeal to the First-tier Tribunal against the determination, but only after the Commissioners have considered an application for a review (see regulation 40).

(3) The Commissioners must not assess a penalty in relation to a person after the end of whichever of the following ends first—

(a) the period of one year beginning with the day on which the Commissioners first believed, or had reasonable grounds for believing, the person was liable to the penalty;

(b) in the case of a penalty under regulation 31, the period of 20 years beginning with the day on which the person became liable to the penalty;

(c) in the case of a penalty under regulation 32, the period of four years beginning with the day on which the person became liable to the penalty.

Commencement Information

I5 Reg. 34 in force at 1.12.2022, see reg. 1(b)

Enforcement of penalty E+W

35.—(1) This regulation applies if the Commissioners notify a person of a penalty (see regulation 34).

(2) The person must pay the penalty—

(a) if the person does not apply for a review (see regulation 36)—

(i) within 30 days of the day on which the notification is made, or

(ii) if the person is granted an extension to their right to apply for a review, on or before the date notified under regulation 37(5)(a)(ii);

(b) if the person applies for a review, unless the penalty is set aside, within 30 days of the day on which the person is notified of the outcome of the review (see regulation 38(5));

(c) if the person gives notice of appeal (see regulation 39), unless the penalty is set aside, on or before the day after the day on which—

(i) the First-tier Tribunal gives a decision (see regulation 42), or

(ii) if the person gives notice of the withdrawal of their case, the First-tier Tribunal consents to that withdrawal.

(3) A penalty may be enforced as if it were income tax charged in an assessment and due and payable.

Commencement Information

I6 Reg. 35 in force at 1.12.2022, see reg. 1(b)