Statutory Instruments
2008 No. 1740
Children And Young Persons, England
The Childcare (Disqualification) (Amendment) Regulations 2008
Made
2nd July 2008
Laid before Parliament
9th July 2008
Coming into force
1st September 2008
The Secretary of State for Children, Schools and Families makes the following Regulations in exercise of the powers conferred by sections 67, 75 and 104 of the Childcare Act 2006( 1 ).
In accordance with section 67(2) of that Act, the Secretary of State has consulted Her Majesty’s Chief Inspector of Education, Children’s Services and Skills.
Citation and commencement
1. These Regulations may be cited as the Childcare (Disqualification) (Amendment) Regulations 2008, and come into force on 1st September 2008.
Amendments to the Childcare (Disqualification) Regulations 2007
2. The Childcare (Disqualification) Regulations 2007( 2 ) are amended as follows.
3. After regulation 6 insert—
“ Persons barred from regulated activity relating to children
6A. A person who is barred from regulated activity relating to children (within the meaning of section 3(2)(a) of the Safeguarding Vulnerable Groups Act 2006) is disqualified from registration. ”
4. In regulation 8 (waivers)—
(a) for paragraph (1) substitute—
“ (1) Subject to paragraph (3), where a person would be disqualified from registration by virtue of regulation 3, 4, 6(1) and (3) or 7 but that person has disclosed to the Chief Inspector the facts which would otherwise cause that person to be disqualified, the Chief Inspector may give consent to waive the disqualification for any or all of the following purposes—
(a) the provision of early years or later years provision to which section 76 of the Act applies;
(b) direct concern in the management of early years or later years provision to which section 76 of the Act applies;
(c) employment in connection with the provision of early years or later years provision to which section 76 of the Act applies. ” ;
(b) after paragraph (1) insert—
“ (1A) Where the Chief Inspector gives consent under paragraph (1), the person concerned shall not, in respect of the facts disclosed, be regarded as disqualified from registration for the purposes specified in the Chief Inspector’s consent. ” .
5. In regulation 10 (duty of disclosure), in paragraph (1), after “Chapter” insert “2, 3 or”.
6. In Schedule 1 (orders etc. relating to the care of children)—
(a) in paragraph 4, after “(an Act of Tynwald)” insert “(care order)”;
(b) in paragraph 15(f), for “Schedule 2” substitute “Schedule 6”.
7. In Schedule 3 (specified offences) for paragraph 4 substitute—
“ 4. An offence specified in Schedule 4 to the Children (Jersey) Law 2002. ” .
Beverley Hughes
Minister of State
Department for Children, Schools and Families
2nd July 2008
2006 c.21 . Section 75(3) of the Childcare Act 2006 was amended by the Safeguarding Vulnerable Groups Act 2006 (c. 47) . See section 98(1) of the Childcare Act 2006 for the definition of ‘prescribed’ and ‘regulations’.