The Childcare (Disqualification) (Amendment) Regulations 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Childcare (Disqualification) Regulations 2007 (S.I. 2007/723) (“the 2007 Regulations”).

Regulation 3 inserts a new regulation 6A in the 2007 Regulations to ensure that persons barred from regulated activity relating to children within the meaning of section 3(2)(a) of the Safeguarding Vulnerable Groups Act 2006 (c. 47) are disqualified from registration in England as providers of early years or later years childminding or other early years or later years provision under the Childcare Act 2006 (c. 21) (“the Act”).

Regulation 4 amends regulation 8 of the 2007 Regulations to provide that the Chief Inspector may waive disqualification from registration for any or all of the purposes set out in subsections 76(2) and (3) of the Act. The Chief Inspector cannot waive where the disqualification arises from the new regulation 6A (persons barred from regulated activity relating to children).

Regulation 10 of the 2007 Regulations currently provides that persons registered under Chapter 4 (voluntary registration) of the Act have a continuing duty throughout the period of their registration to provide information to the Chief Inspector in relation to any order, determination, conviction or other ground for disqualification from registration under the 2007 Regulations. Regulation 5 amends regulation 10 of the 2007 Regulations to provide that persons registered under Chapter 2 (regulation of early years provision) or Chapter 3 (regulation of later years provision for children under 8) of Part 3 of the Act also have a continuing duty to provide such information.

Regulations 6 and 7 make minor amendments to references to offences committed in the Isle of Man and Jersey.