The Children Act 1989, Care Standards Act 2000 and Adoption and Children Act 2002 (Miscellaneous Amendments) (Wales) Regulations 2009

PART 2 Child minding and day care

Amendments to the Child Minding and Day Care (Wales) Regulations 2002

2.—(1) The Child Minding and Day Care (Wales) Regulations 2002(1) are amended as follows.

(2) In regulation 4 (registered person — suitability)—

(a) for paragraph (3) (c) substitute—

“(c) full and satisfactory information or documentation, as the case may be, is available in relation to the person—

(i) except where paragraph (5) applies, in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2;

(ii) where paragraph (5) applies, in respect of each of the matters specified in paragraphs 1, 2 and 4 of Schedule 2.”;

(b) omit paragraph (4).

(3) In regulation 4B(2) (person in charge — suitability)—

(a) for paragraph (3) (c) substitute—

“(c) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2.”;

(b) omit paragraph (4).

(4) In regulation 16 (suitability of workers)—

(a) for paragraph (2) (d) substitute—

“(d) full and satisfactory information or documentation, as the case may be, is available in relation to the person in respect of each of the matters specified in paragraphs 1 to 6 of Schedule 2.”;

(b) in paragraph (4) (b), for the words “unless paragraph (5) applies” substitute “unless paragraph (5) or (5A) applies.”;

(c) for paragraph (5) (b) substitute—

“(b) full and satisfactory information in relation to that person has been obtained in respect of the matters specified in paragraphs 1 and 2 of Schedule 2.”.

(5) In Schedule 2 (information required in respect of persons seeking to act or work for child minders or providers of day care)—

(a) for paragraph 2 substitute—

“2.   Either—

(a) where the certificate is required for a purpose related to registration under Part 10A of the Act or the position falls within regulation 5A of the Police Act 1997 (Criminal Records) Regulations 2002(3) an enhanced criminal record certificate issued under section 113B of the Police Act 1997(4) which includes suitability information relating to children (within the meaning of section 113BA(2)(5) of that Act) in respect of which less than three years have elapsed since it was issued; or

(b) in any other case, a criminal record certificate issued under section 113A(6) of the Police Act 1997 in respect of which less than three years have elapsed since it was issued.”;

(b) omit paragraphs 7 and 8.

Amendments to the Disqualification from Caring for Children (Wales) Regulations 2004

3.—(1) The Schedule to the Disqualification from Caring for Children (Wales) Regulations 2004(7) is amended as follows.

(2) In paragraph 3, for “78C” substitute “79C”

(3) For paragraph 33 substitute—

“Education Act 2002 direction

33.   A person who is subject to a direction made, or which has effect as if made, under section 142 of the Education Act 2002(8) on the grounds set out in subsection (4) (a), (b) or (d) of that section.”

(4) For paragraph 34 substitute—

“Safeguarding Vulnerable Groups Act 2006 children’s barred list

34.   A person who is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006(9)”

(1)

S.I. 2002/812 (W.92). Relevant amending instruments are S.I. 2002/2171 (W.218), S.I. 2002/2622 (W.254), S.I. 2003/2708 (W.259) and 2004/2414 (W.222).

(2)

Regulation 4B inserted by S.I. 2003/2708 (W.259).

(3)

S.I. 2002/233. Regulation 5A was inserted by S.I. 2006/748. Further amendments are being drafted to regulation 5A and these will be in force from 12 October 2009.

(4)

1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15). Sub-section (2) of section 113B is amended by the Safeguarding Vulnerable Groups Act 2006.

(5)

Section 113BA was inserted by section 63(1) of, and paragraph 14 of Schedule 9 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47).

(6)

Section 113A was inserted by the Serious Organised Crime and Police Act 2005 (c. 15).

(7)

S.I. 2004/2695 (W.235).

(8)

2002 c. 32.

(9)

2006 c. 47.