SCHEDULES
F3F1 SCHEDULE 9A Child Minding and Day Care for Young ChildrenF2 in Wales
Sch. 9A (paras. 1-8) inserted ((E.) 16.3.2001 for specified purposes otherwise 2.7.2001 and (W.) 1.7.2001 for specified purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(2), Sch. 3; S.I. 2001/1210, art. 2(b); S.I. 2001/2041, art. 2(1)(b)(with transitional provisions and savings in art. 3); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
Sch. 9A: words in heading inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(2); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
Disqualification for registration
F44
1
Regulations may provide for a person to be disqualified for registration for child minding or providing day care F16in Wales .
2
The regulations may, in particular, provide for a person to be disqualified where—
a
he is included in the list kept under section 1 of the M1Protection of Children Act 1999;
F5b
he is subject to a direction under section 142 of the Education Act 2002, given on the grounds that he is unsuitable to work with children F13or on grounds relating to his health ;
F17ba
he is barred from regulated activity relating to children (within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006);
c
an order of a prescribed kind has been made at any time with respect to him;
d
an order of a prescribed kind has been made at any time with respect to any child who has been in his care;
e
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;
f
he has at any time been refused registration under Part X or Part XA F18, or Part 3 of the Childcare Act 2006, or any prescribed enactment or had any such registration cancelled;
g
he has been convicted of any offence of a prescribed kind, or has been F11. . . discharged absolutely or conditionally for any such offence;
F14ga
he has been given a caution in respect of any offence of a prescribed kind;
h
he has at any time been disqualified from fostering a child privately;
j
a prohibition has been imposed on him at any time under section 69, section 10 of the M2Foster Children (Scotland) Act 1984 or any prescribed enactment;
k
his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
3
Regulations may provide for a person who lives—
a
in the same household as a person who is himself disqualified for registration for child minding or providing day care F19in Wales ; or
b
in a household at which any such person is employed,
to be disqualified for registration for child minding or providing day care F19in Wales .
F63A
Regulations under this paragraph may provide for a person not to be disqualified for registration F7(and may in particular provide for a person not to be disqualified for registration for the purposes of sub-paragraphs (4) and (5)) by reason of any fact which would otherwise cause him to be disqualified if—
a
he has disclosed the fact to F20the Assembly , and
4
5
F156
In this paragraph—
“ caution ” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998;
“ enactment ” means any enactment having effect, at any time, in any part of the United Kingdom.
F127
A conviction in respect of which a probation order was made before 1st October 1992 (which would not otherwise be treated as a conviction) is to be treated as a conviction for the purposes of this paragraph.
F245
1
If any person—
a
he shall be guilty of an offence.
F28F28...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F282
A person who contravenes sub-paragraph (4) of paragraph 4 shall not be guilty of an offence under this paragraph if—
a
he is disqualified for registration by virtue only of regulations made under sub-paragraph (3) of paragraph 4, and
b
he proves that he did not know, and had no reasonable grounds for believing, that he was living in the same household as a person who was disqualified for registration or in a household in which such a person was employed.
3
Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified.
4
A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
Sch. 9A repealed (1.4.2011) by Children and Families (Wales) Measure 2010 (nawm 1), ss. 73, 75, Sch. 2; S.I. 2010/2582, art. 2, Sch. 1 (with Schs. 2, 3)