The Day Care and Child Minding (Disqualification) (England) (Amendment) Regulations 2007

UK Statutory Instrument 2007 No. 197 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 29 January 2007
In force from: 28 February 2007
Extent: Not stated
Subject: Miscellaneous
Made under: Schedule 9A to, the Children Act 1989

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations amend the Day Care and Child Minding (Disqualification) (England) Regulations 2005 (S.I. 2005/2296) (the “2005 Regulations”). The definition of “direction” in the 2005 Regulations is amended so as to include directions made by the Secretary of State under the grounds set out in section 142(4)(d) of the Education Act 2002 (c. 32) (regulation 3(2)(a) of these Regulations). Paragraph (d) of section 142(4) allows the Secretary of State to direct that a person be prohibited from providing education and carrying out work with regular contact with children in certain educational institutions on the grounds of his health. Amendments to regulation 4 of, and Schedule 2 to, the 2005 Regulations expand the circumstances in which a person may be disqualified from registration based on those offences he has been “found to have committed” (see regulations 4 and 8(a) of these Regulations). “Found to have committed” is defined in the new regulation 3(2)(a) inserted by regulation 3(2)(b) of these Regulations. The circumstances now include where a person has been cautioned for an offence (which includes reprimands and warnings issued by the police under section 65 of the Crime and Disorder Act 1998 (c. 37)); where a finding of not guilty by way of insanity is made by a court; and where a court finds that an act has been committed but decides that the defendant was acting under a disability at the time. Disqualification from registration will apply to these expanded circumstances only where they occur after these Regulations come into force. Amendments to regulation 4 of, and Schedule 2 to, the 2005 Regulations also expand the offences for which a person may be disqualified from registration to include attempts; conspiracy or incitement; or aiding, abetting, counselling or procuring the commission of the offences specified in regulation 4 of the 2005 Regulations (see regulations 4 and 8(b) of these Regulations). “Related to” is defined in the new regulation 3(2)(b) inserted by regulation 3(2)(b) of these Regulations. Such offences are applicable only after these Regulations come into force. Regulation 5 of the 2005 Regulations applies to offences committed against adults for which a person may be disqualified from registration. That regulation is amended (by regulation 5 of these Regulations) to remove with prospective effect the requirement that such an offence must receive a “qualifying sentence” before leading to disqualification. A qualifying sentence is defined in the Criminal Justice and Courts Services Act 2000 (c. 43) (the “2000 Act”) as one involving detention for 12 months or more or at Her Majesty’s pleasure or involving a hospital order under the Mental Health Act 1983 (c. 20) or guardianship order. Regulation 5 of the 2005 Regulations is also amended to remove with prospective effect the exemption from disqualification in respect of any conviction which has become spent under the Rehabilitation of Offenders Act 1974 (c. 53). The expanded circumstances for disqualification from registration (cautions, reprimands etc) are included in regulation 5 of the 2005 Regulations by regulation 5 of these Regulations, as are the expanded offences of attempt, conspiracy, aiding and abetting etc. Offences committed while overseas which involve acts which, if they had been done within the United Kingdom, would lead to an offence requiring disqualification under the 2005 Regulations will lead to disqualification under a new regulation 5A of the 2005 Regulations (see regulation 6). Regulation 7 makes an amendment to the provisions of the 2005 Regulations which are concerned with waivers of disqualification. Regulation 9(6) of the 2005 Regulations sets out circumstances in which waivers may not be granted and these circumstances are amended to include situations where a court has made a disqualification order under section 29A(2) of the 2000 Act in relation to an offence.

Offences created by this instrument

Subject to regulation 9, a person is disqualified if on or after 28th February 2007 he has been found to have done an… regulation 5A(1) · Status not determined · Strict liability
b would constitute an offence requiring disqualification under these Regulations if it had been done in any part of… regulation 5A(1)(b) · Status not determined · Strict liability
An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law… regulation 5A(4) · Status not determined · Strict liability
Overseas offences 5A 1 Subject to regulation 9, a person is disqualified if on or after 28th February 2007 he has been… regulation 6 · Status not determined · Strict liability

What Parliament said about it

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