Children Act 1989

74 Cancellation of registration. E+W+S

(1) A local authority may at any time cancel the registration of any person under section 71(1)(a) if—

(a) it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person as a child minder;

(b) the care provided by that person when looking after any child as a child minder is, in the opinion of the authority, seriously inadequate having regard to the needs of that child; or

(c) that person has—

(i) contravened, or failed to comply with, any requirement imposed on him under section 72; or

(ii) failed to pay any annual fee under paragraph 7 of Schedule 9 within the prescribed time.

(2) A local authority may at any time cancel the registration of any person under section 71(1)(b) with respect to particular premises if—

(a) it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person with respect to those premises;

(b) the day care provided by that person on those premises is, in the opinion of the authority, seriously inadequate having regard to the needs of the children concerned; or

(c) that person has—

(i) contravened, or failed to comply with, any requirement imposed on him under section 73; or

(ii) failed to pay any annual fee under paragraph 7 of Schedule 9 within the prescribed time.

(3) A local authority may at any time cancel all registrations of any person under section 71(1)(b) if it appears to them that the circumstances of the case are such that they would be justified in refusing to register that person with respect to any premises.

(4) Where a requirement to carry out repairs or make alterations or additions has been imposed on a registered person under section 72 or 73, his registration shall not be cancelled on the ground that the premises are not fit to be used for looking after children if—

(a) the time set for complying with the requirements has not expired, and

(b) it is shown that the condition of the premises is due to the repairs not having been carried out or the alterations or additions not having been made.

(5) Any cancellation under this section must be in writing.

(6) In considering the needs of any child for the purposes of subsection (1)(b) or (2)(b), a local authority shall, in particular, have regard to the child’s religious persuasion, racial origin and cultural and linguistic background.

Modifications etc. (not altering text)

C1 Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, ss. 79(5), 122 it is provided (2.7.2001 (E.) otherwiseprosp.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.)

Commencement Information

I1 S. 74 wholly in force at 14.10.1991 see s. 108(2)(3) see S.I. 1991/828, art. 3(2)