F14(1)Regulations may provide for a person to be disqualified for registration for child minding or providing day care [F2in 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;
[F3(b)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 [F4or on grounds relating to his health] ;]
[F5(ba)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 [F6, 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 F7. . . discharged absolutely or conditionally for any such offence;
[F8(ga)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 [F9in 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 [F9in Wales] .
[F10(3A)Regulations under this paragraph may provide for a person not to be disqualified for registration [F11(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 [F12the Assembly] , and
(b)[F12 the Assembly ] has consented in writing F13 . . . and has not withdrawn that consent. ]
(4)A person who is disqualified for registration for providing day care shall not provide day care [F14in Wales] , or be [F15directly] concerned in the management of, F16. . . any provision of day care [F17in Wales] .
(5)No person shall employ, in connection with the provision of day care [F18in Wales] , a person who is disqualified for registration for providing day care [F18in Wales] .
[F19(6)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. ]
[F20(7)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.]
Textual Amendments
F1Sch. 9A para. 4 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)
F2Words in Sch. 9A para. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(a); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F3Sch. 9A para. 4(2)(b) substituted (31.3.2003 for W. and 1.6.2003 for E.) by 2002 c. 32, ss. 215(1), 216(4), Sch. 21 para. 9 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/1115, art. 3
F4Words in Sch. 9A para. 4(2)(b) inserted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(2)(a); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)
F5Sch. 9A para. 4(2)(ba) inserted (12.10.2009) by Safeguarding Vulnerable Groups Act 2006 (c. 47), ss. 63, 65, Sch. 9 para. 1 (with ss. 51, 57(3), 60(4), 64(5)); S.I. 2009/2611, art. 2, Sch.
F6Words in Sch. 9A para. 4(2)(f) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(b); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F7Words in Sch. 9A para. 4(2)(g) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 304, 332, Sch. 32 Pt. 1 para. 61(2), Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)
F8Sch. 9A para. 4(2)(ga) inserted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(2)(b); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)
F9Words in Sch. 9A para. 4(3) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, {Sch. 2 para. 18(4(c)}; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F10Sch. 9A para. 4(3A) inserted (1.10.2002 for E. and 19.12.2002 for W.) by 2002 c. 32, s. 152, Sch. 13 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/ 3185, art. 4, Sch. Pt. 1
F11Words in Sch. 9A para. 4(3A) inserted (1.3.2005 for E. and otherwise prosp.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 5(a); S.I. 2005/394, art. 2(1)(k)
F12Words in Sch. 9A para. 4 substituted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103, 109, Sch. 2 para. 6; S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F13Words in Sch. 9A para. 4(3A)(b) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 5(b), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(h)
F14Words in Sch. 9A para. 4(4) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(d); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F15Words in Sch. 9A para. 4(4) inserted (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 48, Sch. 4 para. 8(a); S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, {art. 2(2(c)}
F16Words in Sch. 9A para. 4(4) repealed (1.3.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 48, 64, Sch. 4 para. 4(8)(b), Sch. 5 Pt. 2; S.I. 2005/394, art. 2(1)(k)(m); S.I. 2006/885, art. 2(2)(c)(h)
F17Words in Sch. 9A para. 4(4) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(d); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F18Words in Sch. 9A para. 4(5) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 103(1), 109, Sch. 2 para. 18(4)(e); S.I. 2008/2261, art. 2 (with art. 3 Sch. 1 and art. 4 Sch. 2)
F19Sch. 9A para. 6 substituted (20.12.2006 for E. and 31.1.2008 for W.) by Childcare Act 2006 (c. 21), s. 102(3); S.I. 2006/3360, art. 2(f); S.I. 2008/17, art. 2(d)
F20Sch. 9A para. 4(7) inserted (4.4.2005) by Criminal Justice Act 2003 (c. 44), s. 304, Sch. 32 Pt. 1 para. 61(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 42(24) (subject to art. 2(2), Sch. 2)
Marginal Citations