Search Legislation

Childcare Act 2006

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Childcare Act 2006, Cross Heading: Disqualification from registration : early years and later years providers is up to date with all changes known to be in force on or before 10 December 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Disqualification from registration [F1: early years and later years providers ]E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Pt. 3 Ch. 5(crossheading)(disqualification)(from)(registration) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 43; S.I. 2014/889, arts. 3(m), 7(e)

75Disqualification from registration[F2: early years and later years providers]E+W

(1)In this section, “registration” means registration under Chapters 2, 3 and 4.

(2)Regulations may provide for a person to be disqualified from registration.

(3)The regulations may, in particular, provide for a person to be disqualified from registration if—

(a)he is included in the list kept under section 1 of the Protection of Children Act 1999 (c. 14);

(b)he is subject to a direction under section 142 of the Education Act 2002 (c. 32) on the grounds that he is unsuitable to work with children or on grounds relating to his health;

[F3(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 a 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 Chapter 2, 3 or 4 of this Part of this Act or under Part 10 or Part 10A of the Children Act 1989 (c. 41) [F4or under Part 2 of the Children and Families (Wales) Measure 2010] or any prescribed enactment, or had any such registration cancelled;

(g)he has been convicted of an offence of a prescribed kind or has been discharged absolutely or conditionally for such an offence;

(h)he has been given a caution in respect of an offence of a prescribed kind;

(i)he has at any time been disqualified from fostering a child privately (within the meaning of the Children Act 1989 (c. 41));

(j)a prohibition has been imposed on him at any time under section 69 of the Children Act 1989, section 10 of the Foster Children (Scotland) Act 1984 (c. 56) 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.

(4)Regulations may provide for a person to be disqualified from registration if—

(a)he lives in the same household as another person who is disqualified from registration, or

(b)he lives in a household in which any such person is employed.

(5)Regulations under subsection (2) or (4) may provide for a person not to be disqualified from registration (and in particular may provide for a person not to be disqualified from registration for the purposes of section 76) by reason of any fact which would otherwise cause him to be disqualified if—

(a)he has disclosed the fact to the Chief Inspector, and

(b)the Chief Inspector has consented in writing to the person's not being disqualified from registration and has not withdrawn his consent.

(6)In this section—

  • F5...

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

(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 section.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Words in s. 75 inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 44; S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I1S. 75 in force at 20.12.2006 by S.I. 2006/3360, art. 2(e)

76Consequences of disqualification [F6: early years and later years providers ]E+W

(1)This section applies to—

(a)early years provision in respect of which the provider is required by section 33(1) or 34(1) [F7or (1A)] to be registered,

(b)early years provision in respect of which, but for section 34(2), the provider would be required to be registered,

(c)later years provision in respect of which the provider is required by section 52(1) or 53(1) [F8or (1A)] to be registered, and

(d)later years provision in respect of which, but for section 53(2), the provider would be required to be registered.

(2)A person who is disqualified from registration by regulations under section 75 must not—

(a)provide early years or later years provision to which this section applies, or

(b)be directly concerned in the management of early years or later years provision to which this section applies.

(3)No person may employ, in connection with the provision of early years or later years provision to which this section applies, a person who is disqualified from registration by regulations under section 75.

[F9(3A)An early years childminder agency must not register for the purposes of Chapter 2 a person who is disqualified from registration by regulations under section 75.

(3B)A later years childminder agency must not register for the purposes of Chapter 3 a person who is disqualified from registration by regulations under section 75.

(3C)An early years childminder agency or a later years childminder agency must not register for the purposes of Chapter 4 a person who is disqualified from registration by regulations under section 75.]

(4)A person who contravenes subsection (2) [F10, (3), (3A), (3B) or (3C)] commits an offence.

(5)A person who contravenes subsection (2) is not guilty of an offence under subsection (4) if—

(a)he is disqualified from registration by virtue only of regulations under section 75(4), and

(b)he proves that he did not know, and had no reasonable grounds for believing, that he was living—

(i)in the same household as a person who was disqualified from registration, or

(ii)in a household in which such a person was employed.

(6)A person [F11(“A”)] who contravenes subsection (3) is not guilty of an offence under subsection (4) if [F12A ] proves that [F12A] did not know, and had no reasonable grounds for believing, that the person whom [F12A] was employing was disqualified from registration.

[F13(6A)A person (“A”) who contravenes subsection (3A), (3B) or (3C) is not guilty of an offence under subsection (4) if A proves that A did not know, and had no reasonable grounds for believing, that the person registered by A was disqualified from registration.]

(7)A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 5 on the standard scale, or to both.

(8)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (7) to 51 weeks is to be read as a reference to 6 months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Words in s. 76 inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(7); S.I. 2014/889, arts. 3(m), 7(e)

F7Words in s. 76(1)(a) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F8Words in s. 76(1)(c) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F9S. 76(3A)-(3C) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(3); S.I. 2014/889, arts. 3(m), 7(e)

F10Words in s. 76(4) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(4); S.I. 2014/889, arts. 3(m), 7(e)

F11Words in s. 76(6) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(5)(a); S.I. 2014/889, arts. 3(m), 7(e)

F12Word in s. 76(6) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(5)(b); S.I. 2014/889, arts. 3(m), 7(e)

F13S. 76(6A) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 45(6); S.I. 2014/889, arts. 3(m), 7(e)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources