CHILDREN AND YOUNG PERSONS, ENGLAND Citation, commencement and application 1 1 These Regulations may be cited as The Day Care and Child Minding (Disqualification) (England) Regulations 2005 and shall come into force on 3rd October 2005. 2 These Regulations apply only in relation to England. Revocation 2 The Child Minding and Day Care (Disqualifications) (England) Regulations 2001 are hereby revoked. Interpretation 3 In these Regulations— “the Act” means the Children Act 1989; “the 2000 Act” means the Criminal Justice and Courts Services Act 2000 ; “direction” means a direction made, or which has effect as if made, under section 142 of the Education Act 2002 on the grounds set out in subsection (4)(a) or (b) of that section; “disqualified” means disqualified for registration under Part XA of the Act for child minding or providing day care; “HMCI” means Her Majesty’s Chief Inspector of Schools in England; “qualifying sentence”, “senior court” and “relevant order” have the same meaning as in section 30(1) of the 2000 Act; “rehabilitation period” has the same meaning as in the Rehabilitation of Offenders Act 1974 ; Grounds for disqualification relating to the care of children and offences against children 4 1 Subject to paragraph (7) and regulation 9, a person is disqualified if any of the following provisions of this regulation apply to him. 2 Any of the orders or other determinations specified in Schedule 1 has been made— a against him; b which prevents him 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; c with respect to a child so as to remove the child from his care; or d with respect to a child so as to prevent the child from living with him. 3 He has been convicted of an offence against a child within the meaning of section 26(1) of the 2000 Act. 4 He— a has been convicted of any offence specified in paragraph 1 of Schedule 2, or b falls within paragraph 2 of that Schedule, despite the fact that the statutory offences in that Schedule have been repealed. 5 He has been convicted of any offence other than an offence referred to in paragraph (3) or (4) involving bodily injury to, or death of, a child. 6 He has been convicted of any offence specified in Schedule 3. 7 A person shall not be disqualified under paragraphs (1) to (6) in respect of any order, determination or offence if he has successfully appealed against the order, determination or conviction. Offences against adults 5 1 Subject to paragraph (2) and regulation 9, a person is disqualified if he has been— a convicted of any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act in respect of which a qualifying sentence has been imposed by a senior court; 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 in respect of which a relevant order has been imposed by a senior court. 2 A person shall cease to be disqualified under paragraph (1) where the rehabilitation period applicable to the conviction under the Rehabilitation of Offenders Act 1974 has expired. Protection of Children Act list 6 A person who is included in the list of persons kept under section 1 of the Protection of Children Act 1999 (list of those considered by the Secretary of State unsuitable to work with children) is disqualified. Direction in relation to the employment of teachers etc. 7 1 Subject to regulation 9, a person is disqualified if any of the following provisions of this regulation apply to him. 2 He is a person in respect of whom a direction has been made. 3 He is a person in respect of whom an order has been made under article 70(2)(e) of the Education and Libraries (Northern Ireland) Order 1986 or article 8 of the Education and Libraries (Northern Ireland) Order 1987 . Persons living or working on premises where a disqualified person lives 8 Subject to regulation 9, a person who lives— a in the same household as a person who is himself disqualified; or b in a household in which any such person is employed, is disqualified. Waivers 9 1 Where a person would be disqualified by virtue of regulation 4, 5, 7 or 8 but that person has, pursuant to Schedule 9A to the Act, disclosed to HMCI the facts that would give rise to the disqualification, HMCI may give his consent to waive the disqualification for any of the following purposes— a registration as a childminder or provider of day care; b employment in connection with the provision of day care; c direct involvement in the management of the provision of day care, and that person shall not, in respect of the facts so disclosed, be regarded as disqualified for the purposes specified in HMCI’s consent for the purposes of regulations 4, 5, 7 or 8. 2 Any consent given by HMCI under paragraph (1) shall be in writing and shall specify the extent to which the disqualification is waived. 3 Where a person would be disqualified by virtue of regulation 4, 5, 7, or 8 but— a that person was registered under part XA of the Act immediately before the coming into force of these Regulations; b that person has pursuant to Schedule 9A to the Act disclosed to HMCI the facts that would give rise to the disqualification; and c HMCI has given his consent in writing, that person shall not be regarded as disqualified for the purposes of regulations 4, 5, 7 or 8. 4 Where a person would be disqualified by virtue of regulation 4, 5, 7, or 8 but— a that person was employed in connection with the provision of day care or registered for child minding or day care provision immediately before the coming into force of these Regulations; b that person or, as the case may be, the employer has, pursuant to Schedule 9 to the Act disclosed to the local authority the facts that would give rise to the disqualification; and c the local authority has given its consent in writing, that person shall not, in respect of the facts so disclosed, and to the extent that the consent allows, be regarded as disqualified for the purposes of regulations 4, 5, 7 or 8. 5 In relation to a person who would be disqualified by virtue of regulation 7(2), this regulation shall not apply. 6 In relation to a person who would be disqualified by virtue of regulation 4(3), this regulation shall not apply where a court has made an order under section 28(4) or 29(4) of the 2000 Act. Duty of Disclosure 10 1 A person who has been registered for child minding or for providing day care pursuant to section 79F of the Act shall have a continuing duty throughout the period of his registration to provide the registration authority with the information listed in paragraph (2) in respect of the persons listed in paragraph (3) in relation to any order, offence or other matter which is a ground for disqualification under these Regulations. 2 A person who is registered for child minding or providing day care shall provide the following information to the registration authority for the purposes of paragraph (1)— a details of the precise nature of the order, determination, conviction or other ground for disqualification; b the date when the order, determination or conviction was made or when any other ground for disqualification arose; c the body or court by which any order, determination or conviction was made and the sentence, if any, imposed; d in relation to any order or conviction, a certified copy of the relevant order or court order. 3 The persons in respect of whom the information listed in paragraph (2) shall be supplied for the purposes of paragraph (1) are— a the registered person; b any person who lives in the same household as the registered person or who is employed in that household; 4 The information referred to in paragraph (2) shall be provided to the registration authority within 14 days of the time when the registered person became aware of that information or ought reasonably to have become aware of it if he had made reasonable enquiries. 5 A person who without reasonable excuse fails to comply with the requirements of this regulation shall be guilty of an offence. 6 A person found guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Appeals 11 Any determination made by HMCI as to whether to give consent under Regulation 9 shall be a prescribed determination for the purposes of section 79M(1)(c) of the Act. Beverley Hughes Minister of State Department for Education and Skills 16th August 2005