UK Offence Report

Overseas offences

regulation 4(1) of The Childcare (Disqualification) Regulations 2007

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Subject to regulation 8,

a person is disqualified from registration if he has been found to have done an act which—

a constituted an offence under the law in force in

a country outside the United Kingdom; and

b would constitute an offence requiring disqualification from registration under these Regulations if it had been done in any part of the United Kingdom.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 4(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Childcare (Disqualification) Regulations 2007.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Childcare (Disqualification) Regulations 2009
Revoked on
1 September 2009
Made
6 March 2007
In force from
6 April 2007
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations set out the categories of persons who are disqualified from registration in England as providers of early years or later years childminding or other early years or later years provision under the Childcare Act 2006 (“the 2006 Act”). Section 76 of the 2006 Act sets out the consequences of disqualification which include disqualification from being concerned with the management of early years or later years child care provision and from being employed in connection with such provision. Regulation 3 of these Regulations, together with Schedules 2 and 3, sets out categories of offences against or involving children or adults in respect of which a person is disqualified from registration. Regulation 3 and Schedule 1 also set out orders and determinations for the care and supervision of children in connection with 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). These Regulations also cross-refer to persons included on the list kept under section 1 of the Protection of Children Act 1999 (c. 14) and to persons in respect of whom a direction has been made under section 142 of the Education Act 2002 (c. 32) (known as List 99). Both categories of persons are disqualified from registration under these Regulations (see regulations 5 and 6(1) and 6(2)). Regulation 8 sets out the circumstances in which disqualification may be waived by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”). There is no power of waiver by the Chief Inspector where the disqualification arises from inclusion on List 99, the list kept under section 1 of the Protection of Children Act 1999 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 8(1) and 8(3)). The Regulations apply to applications for registration made under Chapters 2, 3 and 4 of the 2006 Act. A right of appeal lies to the Care Standards Tribunal in relation to any determination made by the Chief Inspector under these Regulations by virtue of regulation 9. Regulation 10 provides that a person registered under Chapter 4 of Part 3 of the 2006 Act has a continuing obligation to provide information to the Chief Inspector about the details of any offences, determinations or other grounds 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. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Paul Oates, Early Years Regulation Team, Sure Start Unit, Caxton House, Tothill Street, London SW1H 9NA, Telephone 0207 273 5686, email: Paul.OATES@dfes.gsi.gov.uk. It is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.75.

Basis
the provision says the conduct “constitutes an offence”
Confidence
0.75 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source