Part 1 Introductory provisions

Citation and commencement

1. These Regulations may be cited as the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 and come into force on 31st August 2018.

Part 2 Childcare (Disqualification) Regulations 2018

Interpretation

2. —(1) In this Part—

“ the Act ” means the Childcare Act 2006;

“ the 1989 Act ” means the Children Act 1989 ;

“ the 2000 Act ” means the Criminal Justice and Court Services Act 2000 ;

“ direction ” means a direction made, or which has effect as if made, under section 142 of the Education Act 2002 on the grounds set out in subsection (4)(a), (b) or (d) of that section ;

“ relevant order ” and “ senior court ” have the same meanings as in section 30(1) of the 2000 Act ;

(2) In this Part a person (“P”) has been “found to have committed” an offence if P has been—

(a) convicted of that offence;

(b) found not guilty of that offence by reason of insanity;

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

(d) on or after 6th April 2007, given a caution by a police officer in respect of an offence which P has admitted; or

(e) on or after 8th April 2013, given a youth caution by a police officer, in respect of an offence which P has admitted .

(3) In this Part a person (“P”) has been found to have committed an offence that is “related to” an offence if P has been found to have committed an offence of—

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

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

Revocation

3.The Childcare (Disqualification) Regulations 2009 are revoked.

Care of children and offences against children or adults

4. —(1) Subject to paragraphs (10) and (11) and regulation 10, a person (“P”) is disqualified from registration under any of Chapters 2 to 4 of Part 3 of the Act if any of paragraphs (2) to (9) apply.

(2) Any of the orders or other determinations specified in Schedule 1 has been made—

(a) with respect to P;

(b) which prevents P from being registered in relation to any facility in which children are looked after or from being involved in the management of or otherwise concerned with the provision of any such facility; or

(c) with respect to a child who has been in P's care.

(3) An order has been made with respect to P under section 104 of the Sexual Offences Act 2003 .

(4) P has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act despite the offence being repealed.

(5) P—

(a) has been found to have committed any offence specified in paragraph 1 of Schedule 2 or an offence that is related to such an offence; or

(b) falls within paragraph 2 of that Schedule,

despite the fact that the statutory offences in that Schedule have been repealed.

(6) P has been found to have committed any offence involving bodily injury to, or death of, a child.

(7) P has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.

(8) P has been—

(a) found to have committed any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence, despite the fact that the statutory offences in that Schedule have been repealed; or

(b) charged with any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence in respect of which a relevant order has been imposed by a senior court, despite the fact that the statutory offences in that Schedule have been repealed.

(9) P shall not be disqualified from registration in respect of any order, determination or offence if—

(a) P 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 the offence has been revoked.

(10) P shall not be disqualified from registration by virtue of paragraph (2) in respect of any refusal or cancellation of registration under the provisions set out in paragraph 19(c) of Schedule 1 if—

(a) the refusal or cancellation is in respect of registration with a childminder agency; or

(b) the sole reason for the refusal or cancellation of registration was the failure to pay any fee prescribed under Part 3 of the Act.

(11) P shall not be disqualified by virtue of paragraph (2)—

(a) if an order is made under which P themselves was placed in the care of a designated local authority or similar body, or

(b) where P is a foster carer or adoptive parent of a child, and that child is or was made the subject of a care order, unless the order is made as a result of P's care of that child.

Overseas offences

5. —(1) Subject to regulation 10, a person (“P”) is disqualified from registration under any of Chapters 2 to 4 of Part 3 of the Act 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.

(2) In paragraph (1) P 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) P has been convicted of an offence (whether or not P has been punished for it);

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

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

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

(3) A person shall not be disqualified from registration under paragraph (1) in respect of a 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.

Protection of Children Act list

6. A person who is included in the list kept under section 1 of the Protection of Children Act 1999 (list of those considered by the Secretary of State unsuitable to work with children) is disqualified from registration under Chapters 2, 3 and 4 of Part 3 of the Act.

Direction in relation to the employment of teachers etc

7. —(1) Subject to regulation 10, a person (“P”) is disqualified from registration under Chapters 2, 3 and 4 of Part 3 of the Act if any of the following provisions of this regulation apply to P.

(2) P is subject to a direction.

(3) P's name is on any list kept for the purposes of regulations made under article 70(2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986 .

Persons barred from regulated activity relating to children

8. A person who is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006 is disqualified from registration under Chapters 2, 3 and 4 of Part 3 of the Act.

Persons living on premises where a disqualified person lives or works

9. Subject to regulation 10, a person who lives—

(a) in the same household as another person who is disqualified from registration under Chapters 2, 3 and 4 of Part 3 of the Act; or

(b) in a household in which any such person is employed,

is disqualified from registration under Chapters 2, 3 and 4 of Part 3 of the Act to work in domestic premises .

Waivers

10. —(1) Subject to paragraph (4), where a person (“P”) would be disqualified from registration by virtue of regulation 4, 5, 7(1) and 7(3) or 9 but has disclosed to the Chief Inspector the facts which would otherwise cause P to be disqualified, the Chief Inspector may give consent to waive the disqualification for any or all of the following purposes—

(a) voluntary registration under Chapter 4 of Part 3 of the Act;

(b) the provision of early years or later years provision to which section 76 applies;

(c) direct concern in the management of early years or later years provision to which section 76 of the Act applies;

(d) employment in connection with the provision of early years or later years provision to which section 76 of the Act applies;

(e) registration as an early years childminder agency or a later years childminder under Part 3 of the Act;

(f) appointment as a director or other officer of, or partner in, an early years childminder agency or a later years childminder agency, or membership of the governing body of such an agency;

(g) direct concern in the management of an early years childminder agency or a later years childminder agency;

(h) work for an early or later years childminder agency in any capacity which involves entering premises on which early years provision is being provided.

(2) When the Chief Inspector gives consent under paragraph (1), P shall not, in respect of the facts so disclosed, be regarded as disqualified from registration for the purposes specified in the Chief Inspector's consent.

(3) Any consent given by the Chief Inspector under paragraph (1) shall be in writing and shall specify the extent to which the disqualification from registration is waived.

(4) In relation to a person who would be disqualified from registration by virtue of regulation 4(4), this regulation shall not apply where a court has made an order under section 28(4), 29(4) or 29A(2) of the 2000 Act .

Appeals

11. Any determination made by the Chief Inspector as to whether to give consent under regulation 10 is a prescribed determination for the purposes of section 74(2) of the Act.

Duty of disclosure

12. —(1) A person who is registered under Chapter 3 or 4 of Part 3 of the Act (in this regulation a “ registered person ”) must provide the following information to the Chief Inspector or, in the case of a person who is registered with a childminder agency, to that agency—

(a) details of any order, determination, conviction or other ground for disqualification from registration made or applying in relation to a person listed in paragraph (2) which results in that person being disqualified from registration under these Regulations;

(b) the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;

(c) the body or court by which the order, determination or conviction was made and the sentence, if any, imposed;

(d) in relation to an order or conviction, a certified copy of the relevant order or court order.

(2) The persons in respect of whom the information referred to in paragraph (1) must be provided are—

(a) the registered person; and

(b) any person who lives in the same household as the registered person or who is employed in that household.

(3) The information referred to in paragraph (1) must be provided to the Chief Inspector or to the childminder agency, as the case may be, as soon as reasonably practicable, but in any event within 14 days of the time when the registered person became aware of that information or would have become aware of it if the registered person had made reasonable enquiries.

(4) Any allegation that a registered person has failed to meet the requirements prescribed in this regulation may be taken into account by the Chief Inspector or, in the case of a person who is registered with a childminder agency, that agency, in the exercise of functions under Part 3 of the Act.

(5) Any allegation that a registered person has failed to meet the requirements prescribed in this regulation may be taken into account in any proceedings under Part 3 of the Act.

Part 3 Amendment of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

Amendment of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016

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Regulation 4(2)

SCHEDULE 1 ORDERS ETC RELATING TO THE CARE OF CHILDREN

1. An order under section 31(1)(a) of the 1989 Act (care order).

2. An order under article 50(1)(a) of the Children (Northern Ireland) Order 1995 (care order).

3. An order under section 3(3) of the Children and Young Persons (Guernsey) Law 1967 (fit person order or special care order).

4. An order made further to an application as permitted under section 48(3) of the Children (Guernsey and Alderney) Law 2009 (community parenting order).

5. An order under section 31(1)(a) of the Children and Young Persons Act 2001 (an Act of Tynwald).

6. An order or determination specified in Schedule 4 to the Children (Jersey) Law 2002 .

7. Any order that would have been deemed to be a care order by virtue of paragraph 15 of Schedule 14 to the 1989 Act (transitional provisions for children in compulsory care).

8. A supervision order which imposes a residence requirement under paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000, section 12AA of the Children and Young Persons Act 1969 (requirement to live in local authority accommodation) , paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or paragraph 24 of Schedule 6 to the Sentencing Code .

9. A parental responsibility order made under article 7 of the Children (Northern Ireland) Order 1995 .

10. A child protection order under section 57 of the Children (Scotland) Act 1995 or section 37 of the Children's Hearings (Scotland) Act 2011 .

11. An exclusion order under section 76 of the Children (Scotland) Act 1995 .

12. A supervision order which imposes a residence requirement under paragraph 5 of Schedule 9 to the Children and Young Persons Act 2001 (an Act of Tynwald) (requirement to live in accommodation provided by the Department of Health and Social Security).

13. An order made at any time imposing a supervision requirement with respect to a child so as to remove that child from P's care, under—

(a) section 44 of the Social Work (Scotland) Act 1968 ;

(b) section 70 of the Scotland Act 1995 .

14. A compulsory supervision order, within the meaning of section 83 of the Children's Hearings (Scotland) Act 2011, or interim compulsory supervision order, within the meaning of section 86 of that Act, made at any time with respect to a child so as to remove that child from P's care.

15. An order made at any time vesting P's rights and powers with respect to a child in a local authority in Scotland—

(a) under section 16 of the Social Work (Scotland) Act 1968 ; or

(b) pursuant to a parental responsibilities order under section 86 of the Children (Scotland) Act 1995 .

16. A permanence order made, or treated as being made, under section 80 of the Adoption and Children (Scotland) Act 2007 .

17. In relation to registration of a children's home—

(a) a refusal of P's application for registration under section 13 of the Care Standards Act 2000 ;

(b) cancellation of P's registration under section 14 or 20(1) of the Care Standards Act 2000;

(c) cancellation of the registration of any person under section 14 or 20(1) of the Care Standards Act 2000 in relation to a children's home which P has been concerned in the management of, or has any financial interest in; or

(d) refusal of P's application for registration or cancellation of P's registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 .

18. In relation to the registration of a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(“the 2016 Act”))—

(a) a refusal of P's application for registration under section 7 of the 2016 Act;

(b) a refusal under section 12 of the 2016 Act od P's application to vary P's registration (made in accordance with section 11(1)(a)(i) or (ii) of that Act);

(c) a cancellation of P's registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act;

(d) a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 Act in relation to a care home service provided wholly or mainly to persons under the age of 18 , or a secure accommodation service, in which P has been concerned in the management, or in which P had any financial interest;

(e) a variation of P's registration under section 13(3)(b) or (4)(b) or 23(1) of the 2016 Act; or

(f) a refusal of P's application for registration or cancellation of P's registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 .

19. Refusal at any time of P's application for registration in relation to a voluntary home or a children's home, or cancellation of the registration of a voluntary home or children's home which was carried on by P or which P was otherwise concerned with the management of, or had any financial interest in, under, as the case may be—

(a) paragraph 1 of Schedule 5 to the 1989 Act ;

(b) paragraph 1 or 4 of Schedule 6 to the 1989 Act ;

(c) section 127 of the Children and Young Persons Act (Northern Ireland) 1968 ;

(d) article 80, 82, 96 or 98 of the Children (Northern Ireland) Order 1995 ;

(e) Part 1 of the Regulation of Care (Scotland) Act 2001 (care home services);

(f) Paragraph 2 or 4 of Schedule 2 to the Children and Young Persons Act 2001 (an Act of Tynwald); or

(g) Part 5 of the Public Services Reform (Scotland) Act 2010 .

20. A prohibition imposed at any time under—

(a) section 69 of the 1989 Act, section 10 of the Foster Children Act 1980 or section 4 of the Children Act 1958 (power to prohibit private fostering) ;

(b) article 110 of the Children (Northern Ireland) Order 1995 (power to prohibit private fostering); or

(c) section 10 of the Foster Children (Scotland) Act 1984 (power to prohibit the keeping of foster children);

(d) section 59 of the Children and Young Persons Act 2001 (an Act of Tynwald) (power to prohibit or impose restrictions upon private fostering).

21. Refusal at any time of registration in respect of the provision of nurseries, day care, child minding or other provision of childcare, disqualification from such registration or cancellation of any such registration under—

(a) section 1 or section 5 of the Nurseries and Child-Minders Regulation Act 1948 ;

(b) Part 10 or Part 10A of the 1989 Act ;

(c) Chapter 2, 3 or 4 of Part 3 of the Act;

(d) Part XI of the Children (Northern Ireland) Order 1995;

(e) section 11(5) or section 15 of the Children and Young Persons Act (Northern Ireland) 1968;

(f) Part 1 of the Regulation of Care (Scotland) Act 2001 ;

(g) section 1 of the Nurseries and Child Minders Regulation Act 1974 (an Act of Tynwald);

(h) section 65 or 66 of, or Schedule 7 to, the Children and Young Persons Act 2001 (an Act of Tynwald; or

(i) Part III of the Child Protection (Guernsey) Law 1972; or

(j) Part 2 of the Children and Families (Wales) Measure 2010.

22. Disqualification from working with children at any time under the Protection of Children (Scotland) Act 2003 .

23. Refusal at any time of P's application for registration or cancellation of P's registration under section 62 of the Social Work (Scotland) Act 1968 (registration of residential and other establishments).

24. Refusal at any time of P's application for registration as a provider of a child care agency under section 7 of the Regulation of Care (Scotland) Act 2001 or cancellation of any such registration under section 12 or 18 of that Act .

25. Refusal at any time of P's application for registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or cancellation of any such registration under section 64 or 65 of that Act.

26. Inclusion of P's name at any time on a list of persons unsuitable to work with children under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or disqualification from working with children under Chapter II of Part II of that Order .

Regulation 4(5)

SCHEDULE 2 REPEALED STATUTORY OFFENCES

1. —(1) An offence under any of the following sections of the Sexual Offences Act 1956 ;

(a) section 1(rape);

(b) section 2 or 3 (procurement of woman by threats or false pretences);

(c) section 4 (administering drugs to obtain or facilitate intercourse);

(d) section 5 (intercourse with a girl under 13);

(e) section 6 (intercourse with a girl under 16);

(f) section 14 or 15 (indecent assault):

(g) section 16 (assault with intent to commit buggery);

(h) section 17 (abduction of women by force or for the sake of her property);

(i) section 19 or 20 (abduction of girl under 18 or 16);

(j) section 24 (detention of woman in brothel or other premises);

(k) section 25 or 26 (permitting girl under 13, or between 13 and 16, to use premises for intercourse);

(l) section 28 (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16).

(2) An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child) .

(3) An offence under section 54 of the Criminal Law Act 1977(inciting girl under 16 to incest) .

(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

(5) An offence under section 70 of the 1989 Act, section 16 of the Foster Children Act 1980 or section 14 of the Children Act 1958 (offences relating to private fostering) .

(6) An offence under section 63(10) of, paragraph 1(5) of Schedule 5 to, or paragraph 2(3) of Schedule 6 to, the 1989 Act (offences relating to voluntary homes and children's homes) .

(7) An offence under or by virtue of any of the following sections of the Regulation of Care (Scotland) Act 2001 —

(a) section 21 (offences in relation to registration);

(b) section 22 (false statements in applications); or

(c) section 29(10) (offences under regulations).

2. P falls within this paragraph if P has been found to have committed an offence under any of the following provisions committed against or involving a child—

(a) section 7 of the Sexual Offences Act 1956 (intercourse with defective);

(b) section 9 of that Act (procurement of defective);

(c) section 10 of that Act (incest by a man);

(d) section 11 of that Act (incest by a woman);

(e) section 12 of that Act (buggery) except if the other party to the act of buggery was aged 16 or over and consented to the act;

(f) section 13 of that Act (indecency between men) except if the other party to the act of gross indecency was aged 16 or over and consented to the act;

(g) section 21 of that Act (abduction of defective from parent or guardian);

(h) section 22 of that Act (causing prostitution of women);

(i) section 23 of that Act (procuration of girl under 21);

(j) section 27 of that Act (permitting defective to use premises for intercourse);

(k) section 29 of that Act (causing or encouraging prostitution of defective);

(l) section 30 of that Act (man living on earnings of prostitution);

(m) section 31 of that Act (woman exercising control over prostitute);

(n) section 128 of the Mental Health Act 1959 (sexual intercourse with patients);

(o) section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts);

(p) section 5 of that Act (living on earnings of male prostitution);

(q) section 9(1)(a) of the Theft Act 1968 (burglary); or

(r) an offence that is related to an offence specified in sub-paragraphs (a) to (q).

Regulation 4(7)

SCHEDULE 3 SPECIFIED OFFENCES

Offences in England and Wales

1. —(1) An offence under section 1 (offence of sending letters etc, with intent to cause distress or anxiety) of the Malicious Communications Act 1988 .

(2) An offence under section 49 or 50(9) of the 1989 Act (offences relating to the abduction of a child in care).

(3) An offence under any of the following sections of the Protection from Harassment Act 1997 —

(a) section 4 (putting people in fear of violence); or

(b) section 4A (stalking involving fear of violence or serious alarm or distress) .

(4) An offence under any of the following sections of the Terrorism Act 2000 —

(a) section 11 (membership);

(b) section 12 (support);

(c) section 13 (uniform);

(d) section 15 (fund-raising);

(e) section 54 (weapons training) ;

(f) section 56 (directing terrorist organisation);

(g) section 58A (eliciting, publishing or communicating information about members of armed forces etc,) ;

(h) section 59 (England and Wales); or

(i) section 63 (terrorist finance: jurisdiction).

(5) An offence in relation to a children's home under or by virtue of any of the following provisions of the Care Standards Act 2000 —

(a) section 11(1) (failure to register);

(b) section 24 (failure to comply with conditions);

(c) section 25 (contravention of regulations);

(d) section 26 (false descriptions of establishments and agencies); or

(e) section 27 (false statements in applications).

(6) An offence under section 127 (improper use of public electronic communications network) of the Communications Act 2003 .

(7) An offence under any of the following provisions of the Sexual Offences Act 2003 —

(a) section 15A (sexual communication with a child) ;

(b) section 62 or 63 (committing an offence or trespassing with intent to commit a sexual offence);

(c) section 64 or 65 (sex with an adult relative);

(d) section 69 (intercourse with an animal) ; or

(e) section 70 (sexual penetration of a corpse).

(8) An offence under any of the following provisions of the Terrorism Act 2006 —

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts and terrorist training);

(d) section 6 (training for terrorism) ;

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making and possession of devices or materials);

(g) section 11 (terrorist threats relating to devices, materials or facilities).

(9) An offence under section 62 (possession of prohibited images of children) of the Coroners and Justice Act 2009 .

(10) An offence under any of the following provisions of the Criminal Justice and Courts Act 2015 —

(a) section 20 (ill treatment or wilful neglect: care worker offence);

(b) section 21 (ill treatment or wilful neglect: care provider offence); or

(c) section 33 (disclosing private sexual photographs and films with intent to cause distress).

(11) An offence under any of the following provisions of the Serious Crime Act 2015 —

(a) section 69 (possession of paedophile manual) ; or

(b) section 76 (controlling or coercive behaviour in an intimate or family relationship).

(12) An offence under any of the following provisions of the Modern Slavery Act 2015 —

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking);

(c) section 4 (committing offence with intent to commit offence under section 2); or

(d) section 30 (offences) .

(13) An offence under section 5 (supplying, or offering to supply, a psychoactive substance) of the Psychoactive Substances Act 2016 .

(14) An offence in relation a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016(“the 2016 Act”)) under or by virtue of any of the following provisions of the 2016 Act—

(a) section 5 (requirement to register);

(b) section 43 (failure to comply with a condition);

(c) section 44 (false descriptions);

(d) section 45 (failure by service provider to comply with requirements in regulations); or

(e) section 47 (false statements).

Offences in Scotland

2. —(1) An offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 .

(2) An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 .

(3) The common law offence of plagium (theft of a child below the age of puberty).

(4) An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences relating to indecent photographs of children).

(5) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

(6) An offence under any of the following—

(a) section 81, 83 or 89 of the Children (Scotland) Act 1995 , section 59(1) or 171(2) of the Children's Hearings (Scotland) Act 2011 or section 17(8) or 71 of the Social Work (Scotland) Act 1968 (harbouring offences);

(b) section 6 of the Child Abduction Act 1984 (taking or sending child out of the United Kingdom);

(c) section 15 of the Foster Children (Scotland) Act 1984 (offences relating to private fostering).

(7) An offence under or by virtue of section 60(3), 61(3) or 62(6) of the Social Work (Scotland) Act 1968 (offences relating to residential and other establishments).

(8) An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following sections of the Public Services Reform (Scotland) Act 2010 —

(a) section 78 (regulations: care services);

(b) section 80 (offences in relation to registration under Chapter 3); or

(c) section 81 (false statements in application under Chapter 3).

Offences in Northern Ireland

3. —(1) An offence of rape under article 5 of the Sexual Offences (Northern Ireland) Order 2008 .

(2) An offence under section 66, 69 or 70 of the Sexual Offences Act 2003 .

(3) An offence under article 70, 73 or 74 of the Sexual Offences (Northern Ireland) Order 2008.

(4) An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968.

(5) An offence under article 3 of the Protection of Children (Northern Ireland) Order 1978 indecent photographs).

(6) An offence contrary to article 9 of the Criminal Justice (Northern Ireland) Order 1980(inciting girl under 16 to have incestuous sexual intercourse).

(7) An offence contrary to article 15 of the Criminal Justice (Evidence etc) (Northern Ireland) Order 1988 (possession of indecent photographs of children).

(8) An offence under sections 16 to 19 of the Sexual Offences Act 2003 (abuse of position of trust).

(9) An offence under Part 3 of the Sexual Offences (Northern Ireland) Order 2008 (sexual offences against children).

(10) An offence under any of the following—

(a) article 68 or 69(9) of the Children (Northern Ireland) Order 1995 (offences relating to the abduction of a child in care;

(b) article 132 of the Children (Northern Ireland) Order 1995, or section 14 of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to child minding and day care);

(c) article 117 of the Children (Northern Ireland) Order 1995, or section 9(1) of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to private fostering); or

(d) article 79(3), 81(4), 95(3) or 97(4) of the Children (Northern Ireland) Order 1995, or section 127(5) or 129(3) of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to voluntary homes and children's homes).

(11) An offence contrary to section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (human trafficking).

(12) An offence contrary to section 51 of the Justice Act (Northern Ireland) 2016 (disclosing private sexual photographs and films with intent to cause distress).

Offences in Jersey

4. An offence contrary to—

(a) Part 7 of the Children's Jersey Law 1969 ;

(b) Schedule 4 to the Children (Jersey) Law 2002 ; or

(c) The Day Care of Children (Jersey) Law 2002 .

Offences in Guernsey

5. An offence contrary to—

(a) the ‘Loi pour la Punition d’Inceste' (Law for the Punishment of Incest) 1909 ;

(b) the ‘Loi relative a la protection des Femmes et des Filles Mineures’ (Law for the Protection of Women and Young Girls) 1914 ;

(c) the ‘Loi relative a la Sodomie’ (Law relating to Sodomy) 1929 ;

(d) article 7, 9, 10,11 or 12, section 1 of article 41 or section 1, 2, 3 or 4 of article 51 of the ‘Loi ayant rapport a la Protection des Enfants et des Jeunes Personnes’ (Law relating to the Protection of Children and Young Persons) 1917 ;

(e) the Children and Young Persons (Guernsey) Law 1967;

(f) the Protection of Children (Balliwick of Guernsey) Law 1995 .

Offences in the Isle of Man

6. An offence specified in Schedule 8 to the Children and Young Persons Act 2001 (an Act of Tynwald).

Other Offences

7. —(1) An offence contrary to section 170 of the Customs and Excise Management Act 1979 in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (prohibitions and restrictions) where the prohibited goods included indecent photographs of a child.

(2) An offence by virtue of—

(a) section 72 of the Sexual Offences Act 2003 (offences outside the United Kingdom) ; or

(b) section 16B of the Criminal Law (Consolidation) (Scotland) Act 1995 (commission of certain sexual offences outside the United Kingdom).

(3) An offence contrary to section 32(3) of the Children and Young Persons Act 1969 (detention of absentees).

(4) An offence contrary to article 10(2) (offence relating to absconding) or article 11(1) (offence of intentional obstruction) of the Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 .