Care of children and offences against children or adultsI13
1
Subject to paragraphs (9), (10) and (11) and regulation 9, a person (“P”) is disqualified if any of paragraphs (2) to (8) apply.
2
Any of the orders or other determinations specified in Schedule 1 has been made—
a
with respect to P,
b
which prevents P from being registered in relation to any facility in which children are looked after or from being involved in the management of or otherwise concerned with the provision of any such facility, or
c
with respect to a child who has been in P’s care.
3
An order has been made with respect to P under section 104 of the Sexual Offences Act 20039 despite the offence having been repealed in England and Wales.
4
P has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act10 despite the offence having been repealed.
5
P—
a
has been found to have committed any offence specified in paragraph 1 of Schedule 2 or an offence that is related to such an offence, or
b
falls within paragraph 2 of that Schedule,
despite the fact that the statutory offences in that Schedule have been repealed.
6
P has been found to have committed any offence other than an offence referred to in paragraph (4) or (5) involving bodily injury to, or death of, a child.
7
P has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.
8
P has been—
a
found to have committed any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act11 or an offence that is related to such an offence, or
b
charged with any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence in respect of which a relevant order has been imposed by a senior court,
despite the fact that the statutory offences in that Schedule have been repealed.
9
P is not disqualified under paragraphs (1) to (8) in respect of any order, determination or offence if—
a
P has successfully appealed against the order, determination or conviction,
b
a caution in respect of that offence has been withdrawn or set aside,
c
a direction based wholly or in part on the offence has been revoked, or
10
P is not disqualified by virtue of paragraph (2)—
a
if an order is made under the 1989 Act under which P was placed in the care or under the supervision of a designated local authority or similar body, unless an order has also been made as a result of P’s care of their own child, or
b
where P is a foster carer or adoptive parent of a child, and that child is or was made the subject of a care or supervision order under the 1989 Act, unless the order is made as a result of P’s care of that child.
11
P is not disqualified from registration by virtue of paragraph (2) in respect of any refusal or cancellation of registration under the provisions set out in paragraph 23(c) of Schedule 1 if—
a
the refusal or cancellation is in respect of registration with a child-minder agency, or
b
the sole reason for the refusal or cancellation of registration was the failure to pay any fee prescribed under Part 3 of the Children and Young Persons Act (Northern Ireland) 196814.