Search Legislation

Children and Families (Wales) Measure 2010

Status:

This is the original version (as it was originally enacted).

38Disqualification from registration

This section has no associated Explanatory Notes

(1)In this section “registration” means registration under this Part.

(2)Regulations may provide for a person to be disqualified from registration.

(3)The regulations may, in particular, provide for a person to be disqualified from registration if—

(a)the person is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006 (c. 47));

(b)an order of a prescribed kind has been made with respect to the person;

(c)an order of a prescribed kind has been made at any time with respect to a child who has been in the person’s care;

(d)a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;

(e)the person has at any time been refused registration under this Part of this Measure, Part 3 of the Childcare Act 2006 (c. 21) or under Part 10 or Part 10A of the Children Act 1989 (c. 41) or any prescribed enactment, or had any such registration cancelled;

(f)the person has been convicted of an offence of a prescribed kind or has been discharged absolutely or conditionally for such an offence;

(g)the person has been given a caution in respect of an offence of a prescribed kind;

(h)the person has at any time been disqualified from fostering a child privately (within the meaning of the Children Act 1989 (c. 41));

(i)a prohibition has been imposed on the person at any time under section 69 of the Children Act 1989 (c. 41), section 10 of the Foster Children (Scotland) Act 1984 (c. 56) or any prescribed enactment;

(j)the person’s rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.

(4)Regulations may provide for a person to be disqualified from registration if—

(a)the person lives in the same household as another person who is disqualified from registration, or

(b)the person lives in a household in which another person who is disqualified is employed.

(5)Regulations under subsection (2) or (4) may provide for a person not to be disqualified from registration (and in particular may provide for a person not to be disqualified from registration for the purposes of section 39) by reason of any fact which would otherwise cause the person to be disqualified if—

(a)the person has disclosed the fact to the Welsh Ministers, and

(b)the Welsh Ministers have consented in writing to the person not being disqualified from registration and have not withdrawn their consent.

(6)In this section—

  • “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998 (c. 37);

  • “enactment” means any enactment having effect at any time in any part of the United Kingdom.

(7)A conviction in respect of which a probation order was made before 1 October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this section.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Assembly Government department responsible for the subject matter of the Measure to explain what the Measure sets out to achieve and to make the Measure accessible to readers who are not legally qualified. Explanatory Notes accompany all Measures of the National Assembly for Wales.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources