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PART 5Suspension of registration

Suspension of registration

13.  The registration of a registered person may be suspended by the Chief Inspector by notice in the circumstances prescribed in regulation 14 for the period prescribed in regulation 15.

Circumstances in which registration may be suspended

14.—(1) The circumstances prescribed for the purposes of section 69(1) of the Act are that the Chief Inspector has reasonable cause to believe that the continued provision of childcare by the registered person exposes or may expose any relevant child to the risk of harm.

(2) In this regulation “relevant child” means a child for whom childcare is or may be provided by the registered person.

Suspension of registration: further provisions

15.—(1) Subject to paragraph (2), the period for which the registration of a registered person may be suspended is six weeks beginning with the date specified in the notice of suspension given in accordance with paragraph (4).

(2) Subject to paragraph (3), in a case in which a further period of suspension is based on the same circumstances as the period of suspension immediately preceding that further period of suspension, the Chief Inspector’s power to suspend registration may only be exercised so as to give rise to a continuous period of suspension of 12 weeks.

(3) Where however it is not reasonably practicable (for reasons beyond the control of the Chief Inspector)—

(a)to complete any investigation as to the circumstances giving rise to the Chief Inspector’s belief referred to in regulation 14, or

(b)for any necessary steps to be taken to reduce or eliminate the risk of harm referred to in regulation 14,

within a period of 12 weeks, the period of suspension may continue until the end of the investigation referred to in sub-paragraph (a) or until the steps referred to in sub-paragraph (b) have been taken.

(4) A notice under regulation 13 may be given to the person in question—

(a)by delivering it to him,

(b)by sending it by post, or

(c)subject to paragraph (5), by transmitting it electronically.

(5) If the notice is transmitted electronically, it is to be treated as given only if the requirements of paragraph (6) are met.

(6) The person to whom the notice is to be given must have indicated to the Chief Inspector his willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and the notice must be sent to the address provided by him.

Lifting of suspension

16.  If, at any time during a period of suspension under regulation 13, it appears to the Chief Inspector that the circumstances prescribed in regulation 14(1) no longer exist, the Chief Inspector must lift the suspension.

Right of appeal against suspension

17.—(1) A person whose registration has been suspended under regulation 13 may appeal to the Tribunal(1) against suspension.

(2) Subject to paragraph (3), on an appeal the Tribunal must either—

(a)confirm the Chief Inspector’s decision to suspend registration; or

(b)direct that the suspension shall cease to have effect.

(3) If the suspension of a person’s registration against which an appeal has been made under paragraph (1) no longer has effect the Tribunal must dismiss the appeal.

(1)

The Tribunal established by section 9 of the Protection of Children Act 1999 (c.14).