The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2008

Amendment of article 2

3.—(1) In article 2(1)—

(a) in the definition of “child minding” for paragraphs (a) and (b) substitute–

“(a) child minding within the meaning of section 79A of the Children Act 1989(1); and

(b) early years childminding within the meaning of section 96(4) of the Childcare Act 2006(2), or later years childminding within the meaning of section 96(8) of that Act;”

(b) in the definition of “day care” for paragraphs (a) and (b) substitute–

“(a) day care for which registration is required by section 79D(5)(3) of the Children Act 1989; and

(b) early years provision within the meaning of section 96(2) of the Childcare Act 2006 (other than early years childminding), or later years provision within the meaning of section 96(6) of that Act (other than later years childminding), for which registration is required, or permitted, under Part 3 of that Act;”

(c) in the definition of “work with children” after “paragraph 14 of” insert “Part 2 of”.

(2) After paragraph (4) insert–

“(4A) In this Order any reference to a conviction shall where relevant include a reference to a caution(4), and any reference to spent convictions shall be construed accordingly.”

(1)

1989 c.41. Section 79A was inserted by section 79(1) of the Care Standards Act 2000 (c.14).

(2)

2006 c.21.

(3)

Section 79D(5) was amended by paragraph 9 of Schedule 2 to the Childcare Act 2006. As a result of that amendment section 79D applies only in relation to Wales.

(4)

“Caution” is defined in section 8A(2) of the Act. Section 8A of and Schedule 2 to the Rehabilitation of Offenders Act 1974 were inserted by section 49 and Schedule 10 of the Criminal Justice and Immigration Act 2008 (c.4).