The Day Care and Child Minding (Disqualification) (England) Regulations 2005

Waivers

9.—(1) Where a person would be disqualified by virtue of regulation 4, 5, 7 or 8 but that person has, pursuant to Schedule 9A to the Act, disclosed to HMCI the facts that would give rise to the disqualification, HMCI may give his consent to waive the disqualification for any of the following purposes—

(a) registration as a childminder or provider of day care;

(b) employment in connection with the provision of day care;

(c) direct involvement in the management of the provision of day care,

and that person shall not, in respect of the facts so disclosed, be regarded as disqualified for the purposes specified in HMCI’s consent for the purposes of regulations 4, 5, 7 or 8.

(2) Any consent given by HMCI under paragraph (1) shall be in writing and shall specify the extent to which the disqualification is waived.

(3) Where a person would be disqualified by virtue of regulation 4, 5, 7, or 8 but—

(a) that person was registered under part XA of the Act immediately before the coming into force of these Regulations;

(b) that person has pursuant to Schedule 9A to the Act disclosed to HMCI the facts that would give rise to the disqualification; and

(c) HMCI has given his consent in writing,

that person shall not be regarded as disqualified for the purposes of regulations 4, 5, 7 or 8.

(4) Where a person would be disqualified by virtue of regulation 4, 5, 7, or 8 but—

(a) that person was employed in connection with the provision of day care or registered for child minding or day care provision immediately before the coming into force of these Regulations;

(b) that person or, as the case may be, the employer has, pursuant to Schedule 9(1) to the Act disclosed to the local authority the facts that would give rise to the disqualification; and

(c) the local authority has given its consent in writing,

that person shall not, in respect of the facts so disclosed, and to the extent that the consent allows, be regarded as disqualified for the purposes of regulations 4, 5, 7 or 8.

(5) In relation to a person who would be disqualified by virtue of regulation 7(2), this regulation shall not apply.

(6) In relation to a person who would be disqualified by virtue of regulation 4(3), this regulation shall not apply where a court has made an order under section 28(4) or 29(4) of the 2000 Act.

(1)

Schedule 9 was repealed by section 79(5) of the Care Standards Act 2000 (c. 14)