The Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2022

Interpretation E+W

2.—(1) In these Regulations—

“the 1989 Act” (“Deddf 1989”) means the Children Act 1989(1);

“the 2000 Act” (“Deddf 2000”) means the Criminal Justice and Court Services Act 2000(2);

“direction” (“cyfarwyddyd”) means a direction made, or which has effect as if made, under section 142 of the Education Act 2002(3) on the grounds set out in subsection (4)(a), (b) or (d) of that section(4);

“disqualified” (“wedi ei anghymhwyso”) means disqualified from registration as a child minder or provider of day care under Part 2 of the Measure;

“domestic premises” (“mangre ddomestig”) has the meaning given by section 19(6) of the Measure;

“the Measure” (“y Mesur”) means the Children and Families (Wales) Measure 2010;

“relevant order” (“gorchymyn perthnasol”) means—

(a)

an order made by the Crown Court, the Court of Appeal, the Court Martial or the Court Martial Appeal Court that the individual in question be admitted to hospital, or

(b)

a guardianship order(5).

(2) In these Regulations, a person (“P”) has been “found to have committed” an offence if P has been—

(a) convicted of an offence;

(b) found not guilty of an offence by reason of insanity;

(c) found to be under a disability and to have done the act charged against them in respect of such an offence;

(d) on or after 6 April 2007, given a caution in respect of an offence by a police officer;

(e) on or after 8 April 2013, given a youth caution by a police officer, in respect of an offence which P has admitted(6).

(3) In these Regulations, P has been found to have committed an offence that is “related to” an offence if P has been found to have committed an offence of—

(a) attempting, conspiring or incitement to commit that offence, or

(b) aiding, abetting, counselling or procuring the commission of that offence.

Commencement Information

I1 Reg. 2 in force at 6.12.2022 in accordance with reg. 1(2)

(1)

1989 c. 41.

(2)

2000 c. 43.

(3)

2002 c. 32.

(4)

Section 142 was repealed by section 63(2) of, and Schedule 10 to, the Safeguarding Vulnerable Groups Act 2006 (c. 47), subject to savings and transitional provisions specified in articles 4(2) and (3), and 7 of S.I. 2009/2611.

(5)

As defined in section 30(1) of the Criminal Justice and Court Services Act 2000 Act (c. 43) (“the 2000 Act”). Section 30 was repealed by section 63(2) of, and Schedule 10 to, the Safeguarding Vulnerable Groups Act 2006, subject to savings specified in article 5 of S.I. 2012/2231.

(6)

Section 66ZA of the Crime and Disorder Act 1998 (c. 37) in relation to youth cautions was inserted by section 135 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) and came into force on 8 April 2013.