UK Offence Report

Overseas offences

regulation 4(1) of The Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2022

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 Subject to regulation 9,

a person (“P”) is disqualified if P 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 This is the text as originally made; later amendments are not shown here.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 Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2022.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Unlimited
Standard scale
Level 5
Maximum prison (summary)
Not determined

level 5 is unlimited in England and Wales for offences committed on or after 12 March 2015 (LASPO 2012 s.85, S.I. 2015/664).

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
Status not determined
Made
14 November 2022
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

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

These Regulations replace the Child Minding and Day Care (Disqualification) (Wales) Regulations 2022 (S.I. 2022/1066) (W. 224) (“the 2022 Regulations”). 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 2 of the Children and Families (Wales) Measure 2010 (nawm 1) (“the Measure”). Persons disqualified under these Regulations must not act as child minders in Wales, provide day care or be concerned in the management of any provision of day care. Nor must they be employed in connection with the provision of child minding or day care. Regulation 3 together with Schedule 1 to 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. Regulation 3(10) clarifies that disqualification does not apply to persons who have been the subject of care or supervision orders themselves or to foster carers or adoptive parents, with whom a child who is or was subject of a care or supervision order, lives, unless the order was made as a result of that applicant’s care of the child. Regulation 4 sets out the offences committed overseas which are comparable to the offences set out in these Regulations. Regulation 5 provides that persons included on the list kept under section 1 of the Protection of Children Act 1999 (c. 14) are disqualified from registration. Regulation 6(1) and (2) provides that persons in respect of whom a direction has been made under section 142 of the Education Act 2002 (c. 32) (known as List 99) are disqualified from registration. Regulation 7 sets out that 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. Regulation 8 provides that a person is disqualified from registration as a childminder if that person lives with another person who is disqualified under these Regulations, or lives in a household in which such a person is employed and acts or intends to act as a childminder on domestic premises which is also their home. Regulation 9 provides for a waiver of the disqualification in certain circumstances. 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. Regulation 9(2) sets out circumstances where the waiver process does not apply. This is where an individual has committed an offence against a child, where the offence itself has since been repealed and where the sentencing court ordered that the individual is disqualified from working with children. Regulation 10 sets out a right of appeal 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 2 of the Measure has a duty to disclose 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 where the registered person is a child minder). Failure to comply with this duty is a criminal offence. Regulation 12 revokes the 2022 Regulations and provides for a consequential amendment. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.

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