Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, with modifications, the Disqualification from Caring for Children (Wales) Regulations 2002. They make provision for the circumstances in which a person is disqualified from fostering a child privately (regulation 4). In addition they set out the categories of persons who are disqualified from registration in Wales as child minders or providers of day care. Persons disqualified under these Regulations must not provide day care or be concerned in the management of, or have any financial interest in, any provision of day care. Nor must they be employed in connection with the provision of day care. Regulation 6 provides for a waiver of the disqualification in certain circumstances so that where the consent of the National Assembly for Wales, or a local authority prior to 1 April 2002, has been given a person is not to be regarded as disqualified. Regulation 7 imposes an ongoing duty on registered child minders or providers of day care to inform the National Assembly of any subsequent conviction or order which would be a ground for disqualification.

A Regulatory Appraisal has been prepared in connection with these Regulations. A copy may be obtained from the Children and Families Directorate, the National Assembly for Wales, Cathays Park, Cardiff, CF10 3NQ (Tel: 02920 825736).