Children Act 1989

Valid from 16/03/2001

Disqualification for registration E+W

Prospective

F1 4 (1) Regulations may provide for a person to be disqualified for registration for child minding or providing day care [F2 in Wales] .

(2) The regulations may, in particular, provide for a person to be disqualified where—

(a) [F3 he is included in the list kept under section 1 of the M1 Protection of Children Act 1999;]

[F4 (b) [F3 he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children [F5 or on grounds relating to his health] ;]]

[F6 (ba) he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);]

(c) an order of a prescribed kind has been made at any time with respect to him;

(d) an order of a prescribed kind has been made at any time with respect to any child who has been in his care;

(e) a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;

(f) he has at any time been refused registration under Part X or Part XA [F7 , or Part 3 of the Childcare Act 2006,] or any prescribed enactment or had any such registration cancelled;

(g) he has been convicted of any offence of a prescribed kind, or has been F8 . . . discharged absolutely or conditionally for any such offence;

[F9 (ga) he has been given a caution in respect of any offence of a prescribed kind;]

(h) he has at any time been disqualified from fostering a child privately;

(j) a prohibition has been imposed on him at any time under section 69, section 10 of the M2 Foster Children (Scotland) Act 1984 or any prescribed enactment;

(k) his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

(3) Regulations may provide for a person who lives—

(a) in the same household as a person who is himself disqualified for registration for child minding or providing day care [F10 in Wales] ; or

(b) in a household at which any such person is employed,

to be disqualified for registration for child minding or providing day care [F10 in Wales] .

[F11 (3A) Regulations under this paragraph may provide for a person not to be disqualified for registration [F12 (and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5))] by reason of any fact which would otherwise cause him to be disqualified if—

(a) he has disclosed the fact to [F13 the Assembly] , and

(b) [F13 the Assembly] has consented in writing F14 . . . and has not withdrawn that consent.]

(4) A person who is disqualified for registration for providing day care shall not provide day care [F15 in Wales] , or be [F16 directly] concerned in the management of, F17 . . . any provision of day care [F18 in Wales] .

(5) No person shall employ, in connection with the provision of day care [F19 in Wales] , a person who is disqualified for registration for providing day care [F19 in Wales] .

[F20 (6) In this paragraph—

• “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;

• “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.]

[F21 (7) A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.]

Textual Amendments

F1 Sch. 9A para. 4 inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

F2 Words in Sch. 9A para. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(a); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F3 Sch. 9A para. 4(2)(a)(b) repealed (prosp.) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 10 (with ss. 51, 57(3), 60(4), 64(5))

F4 Sch. 9A para. 4(2)(b) substituted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216(4), Sch. 21 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3

F5 Words in Sch. 9A para. 4(2)(b) inserted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(2)(a); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)

F6 Sch. 9A para. 4(2)(ba) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 1 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.

F7 Words in Sch. 9A para. 4(2)(f) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F8 Words in Sch. 9A para. 4(2)(g) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, Sch. 32 Pt. 1 para. 61(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

F9 Sch. 9A para. 4(2)(ga) inserted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(2)(b); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)

F10 Words in Sch. 9A para. 4(3) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, {Sch. 2 para. 18(4(c)}; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F11 Sch. 9A para. 4(3A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/ 3185, art. 4, Sch. Pt. 1

F12 Words in Sch. 9A para. 4(3A) inserted (1.3.2005 for E. and otherwise prosp.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 5(a); S.I. 2005/394, art. 2(1)(k)

F13 Words in Sch. 9A para. 4 substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F14 Words in Sch. 9A para. 4(3A)(b) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 5(b), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(h)

F15 Words in Sch. 9A para. 4(4) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(d); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F16 Words in Sch. 9A para. 4(4) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 8(a); S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, {art. 2(2(c)}

F17 Words in Sch. 9A para. 4(4) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 4(8)(b), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(c)(h)

F18 Words in Sch. 9A para. 4(4) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(d); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F19 Words in Sch. 9A para. 4(5) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(e); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)

F20 Sch. 9A para. 6 substituted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(3); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)

F21 Sch. 9A para. 4(7) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, Sch. 32 Pt. 1 para. 61(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)

Marginal Citations

M1 1999 c. 14.

M2 1984 c. 56.

Valid from 01/07/2001

F22 5 (1) If any person—

(a) acts as a child minder at any time when he is disqualified for registration for child minding; or

(b) contravenes any of sub-paragraphs (3) to (5) of paragraph 4,

he shall be guilty of an offence.

(2) Where a person contravenes sub-paragraph (3) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person in question was living or employed in the household.

(3) Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.

(4) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

Textual Amendments

F22 Sch. 9A para. 5 inserted ((W.) 1.7.2001 for certain purposes otherwise 1.4.2002 and (E.) 2.7.2001) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/2041, art. 2(1)(b) (with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2;S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)