The Child Minding and Day Care (Disqualification) (Wales) Regulations 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the categories of persons who are disqualified from registration in Wales as child minders or providers of day care under Part 10A of the Children Act 1989 (c. 41) (“the Act”). Persons disqualified under these Regulations must not provide day care or be concerned in the management of, or have any financial interest in, any provision of day care. Nor must they be employed in connection with the provision of day care.

Regulation 3 together with Schedule 1 of these Regulations sets out orders and determinations for the care and supervision of children in connection with which a person is disqualified from registration. Regulation 3 together with Schedules 2 and 3, also sets out categories of offences against or involving children or adults in respect of which a person is disqualified from registration.

Disqualification from registration applies to offences committed overseas which are comparable to the offences set out in these Regulations (see regulation 4).

Under these Regulations persons included on the list kept under section 1 of the Protection of Children Act 1999 (c. 14), persons in respect of whom a direction has been made under section 142 of the Education Act 2002 (c. 32) (known as List 99) and persons barred from regulated activity relating to children under section 3(2) of the Safeguarding Vulnerable Groups Act 2006 (c. 47) are disqualified from registration (see regulations 5, 6(1) and (2) and 7).

Regulation 9 provides for a waiver of the disqualification in certain circumstances so that where the consent of the Welsh Ministers, or a local authority prior to 1 April 2002, has been given a person is not to be regarded as disqualified. There is no power of waiver by the Welsh Ministers where the disqualification arises from inclusion on List 99 or the list kept under section 1 of the Protection of Children Act 1999, being barred from regulated activity relating to children under the Safeguarding Vulnerable Groups Act 2006 or where a court has ordered that a person must not work in contact with children following a conviction for certain offences against children (see regulation 9(1) and 9(2)).

By virtue of regulation 10, a right of appeal lies to the First-tier Tribunal in relation to any determination made by the Welsh Ministers as to whether to give consent to waive disqualification under regulation 9.

Regulation 11 provides that a person registered under Part 10A of the Act has a duty to provide information to the Welsh Ministers about the details of any order, determination, conviction or other ground for disqualification from registration under these Regulations. That obligation applies to information relating to the registered person and to any person living in the same household as the registered person or employed in that household.

Regulation 12 amends the Disqualification from Caring for Children (Wales) Regulations 2004 which will now only apply to disqualification from fostering a child privately.