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The Suspension of Day Care Providers and Child Minders (Wales) Regulations 2004

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Period of suspension

4.—(1) If the National Assembly suspends the registration of any person under regulation 3, the suspension begins and ends on such dates as are specified in the notice required to be given to the registered person under regulation 5.

(2) The date specified as the date on which the suspension ends may not be more than 6 weeks after the date on which it begins.

(3) Subject to paragraph (4), the fact that a person’s registration has at any time been suspended does not prevent the National Assembly from further suspending that person’s registration at any time, whether during a previous period of suspension or after it has ended and whether on the same grounds or on different grounds.

(4) The National Assembly may not, unless paragraph (5) applies, exercise its power to suspend a person’s registration in such a way that the effect of doing so would be that the person’s registration would be suspended for a period which, taken together with any other period for which that person’s registration has been suspended on the same or substantially the same grounds, exceeds a total of 12 weeks within any period of twelve months.

(5) This paragraph applies if, at the time when the National Assembly exercises its power to suspend a person’s registration, one or more of the following circumstances applies;

(a)the investigation referred to in regulation 3(2)(a) has not yet been completed;

(b)the steps referred to in regulation 3(2)(b) have not yet all been taken; or

(c)the National Assembly has decided to take action against the registered person under section 79K of the Act (application to a justice of the peace for protection of children in an emergency) but the application has not yet been determined,

provided, in each case, the circumstance in question is not due to any failure on the part of the National Assembly to take such steps as were reasonably practicable for it to take.

(6) Any notice given to a registered person under regulation 5 which imposes a period of suspension which the National Assembly would not, if paragraph (5) did not apply, have power to impose must state that fact and must identify which of the circumstances identified in that paragraph applies.

(7) References in this regulation to the grounds for suspending a person’s registration are references to the circumstances which cause the National Assembly to believe that the continued provision of child minding or day care by that person exposes or may expose one or more of the children to whom it is or may be provided to a risk of harm.

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