The Disqualification from Caring for Children (Wales) (Amendment) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Disqualification from Caring for Children (Wales) Regulations 2004 (“the 2004 Regulations”).

The 2004 Regulations make provision for the circumstances in which a person is disqualified from fostering a child privately and set out the categories of persons who are disqualified from registering in Wales as child minders or providers of day care. The categories of persons so disqualified under the 2004 Regulations include a person convicted of offences specified in the Schedule to the 2004 Regulations except where that person has appealed against their disqualification order and the appeal body has determined that the person is no longer to be subject to the disqualification order. Under the 2004 Regulations appeals against disqualification orders were made to the Tribunal established by section 9 of the Protection of Children Act 1999 (“the Tribunal”).

Pursuant to the Tribunals, Courts and Enforcement Act 2007 the existing functions of the Tribunal have been transferred to the First-tier Tribunal and these Regulations amend the 2004 Regulations accordingly. They provide that any reference to the Tribunal in the 2004 Regulations shall be replaced by a reference to the First-tier Tribunal and insert into regulation 3 of the 2004 Regulations a definition of the First-tier Tribunal.