Citation and commencement

1. These Regulations may be cited as the Day Care and Child Minding (Disqualification) (England) (Amendment) Regulations 2007 and come into force on 28th February 2007.

Amendments to the Day Care and Child Minding (Disqualification) (England) Regulations 2005

2.The Day Care and Child Minding (Disqualification) (England) Regulations 2005( 2 ) are amended as follows.

3. —(1) Re-number regulation 3 (interpretation) as paragraph (1) of that regulation.

(2) In regulation 3—

(a) in paragraph (1) as so re-numbered in the definition of “direction” for “subsection (4)(a) or (b)” substitute “subsection (4)(a), (b) or (d)”; and

(b) after paragraph (1) as so re-numbered insert—

“ (2) In these regulations—

(a) a person has been “found to have committed” an offence if—

(i) he has been convicted of an offence; or

(ii) on or after 28th February 2007 he has been—

(aa) given a caution ( 3 ) in respect of an offence by a police officer after he has admitted that offence;

(bb) found not guilty of an offence by reason of insanity; or

(cc) found to be under a disability and to have done the act charged against him in respect of such an offence; and

(b) a person has been found to have committed an offence that is “related to” an offence if on or after 28th February 2007 he has been found to have committed an offence of—

(i) attempting, conspiring or incitement to commit that offence; or

(ii) aiding, abetting, counselling or procuring the commission of that offence. ” .

4. In regulation 4 (grounds for disqualification relating to the care of children and offences against children)—

(a) in paragraph (3) for “convicted of” substitute “found to have committed”;

(b) in paragraph (4)(a)—

(i) for “convicted of” substitute “found to have committed”; and

(ii) after “Schedule 2” insert “or an offence that is related to such an offence”;

(c) in paragraph (5) for “convicted of” substitute “found to have committed”;

(d) in paragraph (6)—

(i) for “convicted of” substitute “found to have committed”; and

(ii) after “Schedule 3” insert “or an offence that is related to such an offence”; and

(e) for paragraph (7) substitute the following paragraph—

“ (7) A person shall not be disqualified under paragraphs (1) to (6) in respect of any order, determination or offence if—

(a) he has successfully appealed against the order, determination or conviction;

(b) a caution in respect of that offence has been withdrawn or set aside; or

(c) a direction based wholly or in part on that offence has been revoked. ” .

5. In regulation 5 (offences against adults)–

(a) in paragraph (1) for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (3)”;

(b) in paragraph (1)(a)—

(i) for “convicted of” substitute “found to have committed”; and

(ii) for all of the words after “2000 Act” substitute “or an offence that is related to such an offence; or”;

(c) in paragraph (1)(b) after “2000 Act” insert “or an offence that is related to such an offence”; and

(d) for paragraph (2) substitute—

“ (2) A person shall not be disqualified under paragraph (1) in respect of any order or offence if—

(a) he has successfully appealed against the order or conviction;

(b) a caution in respect of that offence has been withdrawn or set aside; or

(c) a direction based wholly or in part on that offence has been revoked.

(3) A person convicted before 28th February 2007 of any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act—

(a) shall not be disqualified this regulation unless a qualifying sentence has been imposed by a senior court in respect of that offence; and

(b) shall cease to be disqualified where the rehabilitation period applicable to the conviction under the Rehabilitation of Offenders Act 1974 ( 4 ) has expired. ” .

6. After regulation 5 insert—

“ Overseas offences

5A. —(1) Subject to regulation 9, a person is disqualified if on or after 28th February 2007 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 under these Regulations if it had been done in any part of the United Kingdom.

(2) In paragraph (1) a person has been “found to have done an act which constituted an offence” if, under the law in force in a country outside the United Kingdom—

(a) he has been convicted of an offence (whether or not he has been punished for it);

(b) he has been cautioned in respect of an offence;

(c) a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that he is not guilty by reason of insanity; or

(d) such a court has made in respect of an offence a finding equivalent to a finding that he is under a disability and did the act charged against him.

(3) A person shall not be disqualified under paragraph (1) in respect of any finding if, under the law in force in the country concerned, such finding has been reversed.

(4) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of this regulation however it is described in that law. ” .

7. In regulation 9 (waivers)—

(a) in paragraphs (1), (3) and (4) for each reference to “4, 5, 7 or 8” substitute “4, 5, 5A, 7 or 8”; and

(b) in paragraph (6) for “or 29(4)” substitute “, 29(4) or 29A(2)”.

8. In Schedule 2 (repealed statutory offences)—

(a) in paragraphs 2(a) to (q) for each reference to “convicted of” substitute “found to have committed”; and

(b) after paragraph 2(q) insert—

“ (r) he has been found to have committed an offence related to an offence specified in paragraphs (a) to (q). ” .