The Childcare (Disqualification) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the Act” means the Childcare Act 2006;

“the 1989 Act” means the Children Act 1989(1);

“the 2000 Act” means the Criminal Justice and Court Services Act 2000(2);

“direction” means a direction made, or which has effect as if made, under section 142 of the Education Act 2002(3) on the grounds set out in subsection (4)(a), (b) or (d) of that section;

“relevant order” and “senior court” have the same meanings as in section 30(1) of the 2000 Act.

(2) In these Regulations a person has been “found to have committed” an offence if that person has been—

(a) convicted of an offence;

(b) found not guilty of an offence by reason of insanity;

(c) found to be under a disability and to have done the act charged against them in respect of such an offence; or

(d) on or after 6th April 2007, given a caution(4) in respect of an offence by a police officer after admitting that offence.

(3) In these Regulations a person has been found to have committed an offence that is “related to” an offence if that person has been found to have committed an offence of—

(a) attempting, conspiring or incitement to commit that offence; or

(b) aiding, abetting, counselling or procuring the commission of that offence.

(1)

1989 c. 41.

(2)

2000 c. 43.

(3)

2002 c. 32.

(4)

Section 75(6) of the Childcare Act 2006 provides that “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998 (c. 37).