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PART 4Disclosure of information for the purposes of applications to register and cancellation of registration

Power of the Chief Inspector in relation to information and prescribed requirements for registration

11.  The Chief Inspector may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied.

Disclosure of information: prescribed description of information

12.—(1) Information is of a prescribed description for the purposes of section 90(2)(a)(iii) of the Act if it falls within a description set out in paragraph (2).

(2) The information—

(a)confirms the identity of A;

(b)is information about A contained in an enhanced criminal record certificate;

(c)confirms relevant qualifications claimed by A;

(d)is information about the health of A held by a medical practitioner;

(e)is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, capacity, employment record or other relevant experience of A held by—

(i)an educational institution currently or formerly attended by A,

(ii)an employer or former employer of A, or

(iii)a medical practitioner;

(f)is information relating to the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility;

(g)is information about A held by a local authority in connection with the exercise of its social services functions;

(h)is information about A, whether or not of a kind described in paragraphs (a) to (g), held by—

(i)the National Assembly for Wales in pursuance of its functions as registration authority under Part 10A of the Children Act 1989,

(ii)the Scottish Commission for the Regulation of Care, pursuant to Part 1 of the Regulation of Care (Scotland) Act 2001(1),

(iii)a Health and Social Services Board pursuant to Part 11 of the Children (Northern Ireland) Order 1995(2),

(iv)a body acting on behalf of the Crown in the Channel Islands or the Isle of Man,

(v)the national authority of any other member State of the European Economic Area having functions comprising the regulation of childcare.

(3) In this regulation—

“relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to any of the Chief Inspector’s functions under section 62(3)(b), 63(4)(b) or 68(2) of the Act;

“social services functions” means functions which are social services functions for the purposes of the Local Authority Social Services Act 1970(3).

(3)

1970 c.42. See section 1A of that Act, inserted by section 102(3) of the Local Government Act 2003 (c.26).