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

Welsh Statutory Instrument 2010 No. 1703 — creates 4 criminal offences.

4offences created

0recorded in force

0revoked

Made: 28 June 2010
In force from: 30 July 2010
Extent: Not stated
Subject: Education, social security, pensions and public services
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 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.

Offences created by this instrument

Duty of disclosure regulation 11(4) · Status not determined · Strict liability
Subject to regulation 9, a person (“P”) is disqualified if P has been found to have done an act which— a constituted… regulation 4(1) · Status not determined · Strict liability
b would constitute an offence requiring disqualification from registration under these Regulations if it had been done… regulation 4(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 4(4) · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2010