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The Childcare (Disqualification) Regulations 2007

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Care of children and offences against children or adults

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3.—(1) Subject to paragraph (9) and regulation 8, a person is disqualified from registration if any of the following provisions of this regulation apply to him.

(2) Any of the orders or other determinations specified in Schedule 1 has been made—

(a)with respect to him;

(b)which prevents him from being registered in relation to any facility in which children are looked after or from being involved in the management of or otherwise concerned with the provision of any such facility; or

(c)with respect to a child who has been in his care.

(3) An order has been made with respect to him under section 104 of the Sexual Offences Act 2003(1).

(4) He has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act.

(5) He—

(a)has been found to have committed any offence specified in paragraph 1 of Schedule 2 or an offence that is related to such an offence; or

(b)falls within paragraph 2 of that Schedule,

despite the fact that the statutory offences in that Schedule have been repealed.

(6) He has been found to have committed any offence other than an offence referred to in paragraph (4) or (5) involving bodily injury to, or death of, a child.

(7) He has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.

(8) He has been—

(a)found to have committed any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence; or

(b)charged with any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence in respect of which a relevant order has been imposed by a senior court.

(9) A person shall not be disqualified from registration under paragraphs (1) to (8) in respect of any order, determination or offence if—

(a)he has successfully appealed against the order, determination or conviction;

(b)a caution in respect of that offence has been withdrawn or set aside; or

(c)a direction based wholly or in part on the offence has been revoked.

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