The Disqualification from Caring for Children (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace, with modifications, the Disqualification for Caring for Children Regulations 1991, in so far as they apply in Wales. They come into force on 1st April 2002.

The Regulations make provision for the circumstances in which a person is disqualified from fostering a child privately (regulation 2). By virtue of section 65 of the Children Act 1989, as amended by the Care Standards Act 2000, a person who is disqualified from fostering a child privately is also disqualified from carrying on or being concerned in the management of, or having any financial interest in, a children’s home, and may not be employed in a children’s home, without the consent of the National Assembly.

The Regulations make provision for the circumstances in which a person is disqualified for registration for child minding or providing day care (regulation 3). They also provide for the disqualification for registration for child minding or providing day care of persons who live in the same household as someone who is disqualified for such registration or in a household at which such a disqualified person is employed.

Regulation 4 provides for cases where consent has been given prior to the coming into force of the Regulations to persons by a local authority which has the effect of permitting them to act in circumstances in which they would otherwise have been disqualified. In such cases the persons concerned will not be regarded as disqualified as a result of those circumstances under these Regulations.