Made | 6th March 2007 | ||
Laid before Parliament | 15th March 2007 | ||
Coming into force | 6th April 2007 |
(2) In these Regulations a person has been "found to have committed" an offence if—
(3) In these Regulations a person has been found to have committed an offence that is "related to" an offence if he has been found to have committed an offence of—
Care of children and offences against children or adults
3.
—(1) Subject to paragraph (9) and regulation 8, a person is disqualified from registration if any of the following provisions of this regulation apply to him.
(2) Any of the orders or other determinations specified in Schedule 1 has been made—
(3) An order has been made with respect to him under section 104 of the Sexual Offences Act 2003[6].
(4) He has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act.
(5) He—
despite the fact that the statutory offences in that Schedule have been repealed.
(6) He has been found to have committed any offence other than an offence referred to in paragraph (4) or (5) involving bodily injury to, or death of, a child.
(7) He has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.
(8) He has been—
(9) A person shall not be disqualified from registration under paragraphs (1) to (8) in respect of any order, determination or offence if—
Overseas offences
4.
—(1) Subject to regulation 8, a person is disqualified from registration if he has been found to have done an act which—
(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—
(3) A person shall not be disqualified from registration 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.
Protection of Children Act list
5.
A person who is included in the list kept under section 1 of the Protection of Children Act 1999[7] (list of those considered by the Secretary of State unsuitable to work with children) is disqualified from registration.
Direction in relation to the employment of teachers etc.
6.
—(1) Subject to regulation 8, a person is disqualified from registration if any of the following provisions of this regulation apply to him.
(2) He is subject to a direction.
(3) He is a person in respect of whom an order has been made under article 70(2)(e) of the Education and Libraries (Northern Ireland) Order 1986 or article 8 of the Education and Libraries (Northern Ireland) Order 1987[8].
Persons living or working on premises where a disqualified person lives
7.
Subject to regulation 8, a person who lives—
is disqualified from registration.
Waivers
8.
—(1) Subject to paragraph (3), where a person would be disqualified from registration by virtue of regulation 3, 4, 6(1) and 6(3) or 7 but that person has disclosed to the Chief Inspector the facts which would otherwise cause him to be disqualified, the Chief Inspector may give her consent to waive the disqualification and that person shall not, in respect of the facts so disclosed, be regarded as disqualified from registration for the purposes of regulations 3, 4, 6(1) and 6(3) or 7.
(2) 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.
(3) In relation to a person who would be disqualified from registration by virtue of regulation 3(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
9.
Any determination made by the Chief Inspector as to whether to give consent under regulation 8 is a prescribed determination for the purposes of section 74(2) of the Act.
Duty of disclosure
10.
—(1) A person who has been registered under Chapter 4 of Part 3 of the Act has a continuing duty throughout the period of his registration to provide the Chief Inspector with the information listed in paragraph (2) in respect of the persons listed in paragraph (3) in relation to any order, determination, conviction or other ground for disqualification from registration under these Regulations.
(2) A registered person must provide the following information to the Chief Inspector for the purposes of paragraph (1)—
(3) The persons in respect of whom the information listed in paragraph (2) must be supplied for the purposes of paragraph (1) are—
(4) The information referred to in paragraph (2) must be provided to the Chief Inspector within 14 days of the time when the registered person became aware of that information or ought reasonably to have become aware of it if he had made reasonable enquiries.
(5) 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 in the exercise of her functions under Part 3 of the Act.
(6) 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.
Beverley Hughes
Minister of State Department for Education and Skills
6th March 2007
13.
An order made at any time vesting his rights and powers with respect to a child in a local authority in Scotland—
14.
In relation to registration of a children's home—
15.
Refusal at any time of his 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 him or which he was otherwise concerned with the management of, or had any financial interest in, under, as the case may be—
16.
A prohibition imposed at any time under—
17.
A notice in writing given by a Health and Social Services Board under section 1(3) of the Children and Young Persons Act (Northern Ireland) 1968 (withholding consent to the care and maintenance of the child being undertaken by a person).
18.
Refusal at any time of registration in respect of the provision of nurseries or day care for children, or for child minding, disqualification from registration or cancellation of any such registration under—
19.
Disqualification from working with children at any time under the Protection of Children (Scotland) Act 2003[33].
20.
Refusal at any time of his application for registration or cancellation of his registration under section 62 of the Social Work (Scotland) Act 1968 (registration of residential and other establishments)[34].
21.
Refusal at any time of his 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.
22.
Inclusion of his 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[35] or disqualification from working with children under Chapter II of Part II of that Order.
(2) An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child)[40].
(3) An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to incest)[41].
(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust)[42].
(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)[43].
(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)[44].
2.
A person falls within this paragraph if he has been found to have committed an offence under any of the following provisions committed against or involving a child—
(3) 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—
Offences in Scotland
2.
—(1) An offence of rape.
(2) An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995[49].
(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[50] (offences relating to indecent photographs of children).
(5) An offence under section 3 of the Sexual Offences (Amendment) Act 2000[51] (abuse of trust).
(6) An offence under any of the following—
(7) An offence under or by virtue of section 60(3), 61(3) or 62(6) of the Social Work (Scotland) Act 1968[54] (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 provisions of the Regulation of Care (Scotland) Act 2001[55]—
Offences in Northern Ireland
3.
—(1) An offence of rape.
(2) An offence under section 66, 69 or 70 of the Sexual Offences Act 2003.
(3) An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968.
(4) An offence under article 3 of the Protection of Children (Northern Ireland) Order 1978[56] (indecent photographs).
(5) An offence contrary to article 9 of the Criminal Justice (Northern Ireland) Order 1980[57] (inciting girl under 16 to have incestuous sexual intercourse).
(6) An offence contrary to article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988[58] (possession of indecent photographs of children).
(7) An offence under sections 16 to 19 of the Sexual Offences Act 2003 (abuse of position of trust).
(8) An offence under any of the following—
Offences in Jersey
4.
An offence contrary to—
Offences in Guernsey
5.
An offence contrary to—
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[68] in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876[69] (prohibitions and restrictions) where the prohibited goods included indecent photographs of a child.
(2) An offence by virtue of—
(3) An offence contrary to section 32(3) of the Children and Young Persons Act 1969[71] (detention of absentees).
[5] Section 75(6) of the Childcare Act 2006 provides that "caution" includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998 (c. 37).back
[8] S.I. 1986/594 (N.I.3). Article 70(2)(e) was substituted by article 8 of the 1987 Order (S.I. 1987/167) (N.I.2). The 1986 Order was amended by article 15 of the Protection of Children and Vulnerable Adults (N.I.) Order 2003 (S.I. 2003/417) (N.I.4).back
[9] S.I. 1995/755 (N.I.2).back
[10] Orders in Council Volume XXI p.34. Section 3 was amended by the Children and Young Persons (Amendment) (Guernsey) Law 1971, Volume XXIII p.3 and by the Juvenile Court (Guernsey) Law 1989, Volume XXXI p.326.back
[11] 2001 c. 20 (Isle of Man).back
[13] Part 4 of the 1989 Act came into force on 14th October 1991.back
[15] 1969 c. 54. Section 12AA was inserted by the 1989 Act and was repealed by the Powers of Criminal Courts (Sentencing) Act 2000.back
[16] 1968 c. 34 (N.I.). The provisions relating to these orders were repealed by the Children (Northern Ireland) Order 1995 and the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504) (N.I.9).back
[18] Section 76 was repealed (in part) by S.S.I. 2003/583.back
[19] 1968 c. 49. Section 44 was repealed by the Children (Scotland) Act 1995.back
[20] Section 70 was amended by sections 135 and 136 of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp8).back
[21] Section 16 was repealed by the Children (Scotland) Act 1995.back
[22] Section 86 was amended by paragraphs 83 and 84 of Schedule 3 to the Adoption and Children Act 2002 (c. 38).back
[23] S.I. 2003/431 (N.I.9).back
[24] This provision, and those mentioned in paragraph (b) were repealed by the Care Standards Act 2000 with effect from 1st April 2002.back
[25] This section was repealed by the Children (Northern Ireland) Order 1995.back
[27] 1980 c. 6. The Foster Children Act 1980 was repealed by the 1989 Act.back
[28] 1958 c. 65. Section 4 was repealed by the Foster Children Act 1980.back
[30] 1948 c.53 (S.). That Act was repealed by the 1989 Act.back
[31] Part 10 of the Children Act 1989 ceased to apply to England in 2001. Part 10A was inserted by the Care Standards Act 2000 (c. 14). Part 10 was repealed in relation to Scotland by Schedule 4 to the Regulation of Care (Scotland) Act 2001 (asp8) with effect from 1st April 2002.back
[32] Orders in Council XXIII p.238 as amended by the Children and Young Persons (Amendment) (Guernsey) Law 2000, Order in Council III of 2001.back
[34] Section 62 was repealed by paragraph 1 of Schedule 4 to the Regulation of Care (Scotland) Act 2001.back
[35] S.I. 2003/417 (N.I.4).back
[37] Section 1 was substituted by section 142 of the Criminal Justice and Public Order Act 1994 (c. 33) ("the 1994 Act") and repealed by paragraph 11 of Schedule 6 to the Sexual Offences Act 2003 (c. 42) ("the 2003 Act"). Sections 2 to 6, 14 to 17, 19, 20, 24 to 26 and 28 were also repealed by this provision of the 2003 Act.back
[38] Section 6 was repealed in part by Schedule 2 to the Criminal Law Act 1967 (c. 58) and in full by the 2003 Act.back
[39] Section 26 was repealed in part by section 10 of, and Schedule 2 to, the Criminal Law Act 1967 and in full by the 2003 Act.back
[40] 1960 c. 33. Section 1 was amended by section 39 of the 2000 Act and repealed by the 2003 Act.back
[41] 1977 c. 45. Section 54 was repealed by the 2003 Act.back
[42] 2000 c. 44. Section 3 extends to Scotland and Northern Ireland (see section 7(2) and (4)) but was repealed in relation to England and Wales and Northern Ireland by the 2003 Act.back
[43] Section 14 was repealed by the Foster Children Act 1980.back
[44] Each of these provisions was repealed by the Care Standards Act 2000 (c. 14).back
[45] Section 12 was amended by section 143 of the 1994 Act and sections 1 and 2 of the Sexual Offences (Amendment) Act 2000 (c. 44) and repealed by the 2003 Act.back
[46] Section 13 was amended by section 2 of the Sexual Offences (Amendment) Act 2000 and repealed by the 2003 Act.back
[47] 1959 c. 72; section 128 was amended by section 1(4) of the Sexual Offences Act 1967 (c. 60) and by other provisions including paragraph 2 of Schedule 4 to the Care Standards Act 2000, and was repealed by the 2003 Act.back
[48] 1967 c. 60; sections 4 and 5 were repealed by the 2003 Act.back
[50] 1982 c. 45. Section 52 was amended by section 84 of the 1994 Act, Schedule 4 of the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40) and section 19 of the Criminal Justice (Scotland) Act 2003 (asp7). Section 52A was inserted by section 161 of the Criminal Justice Act 1988 (c. 33) and was amended by section 19 of the Criminal Justice (Scotland) Act 2003. Both sections 52 and 52A were amended by section 16 of the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp9).back
[51] 2000 c. 44; section 3 was amended in relation to Scotland by paragraph 62 of Part 4 of Schedule 28 to the Civil Partnership Act 2004 (c. 33).back
[52] Sections 17(8) and 71 of the 1968 Act were repealed by the Children (Scotland) Act 1995.back
[53] 1984 c. 37; section 6 was amended in relation to Scotland by paragraph 34(c) of Schedule 4 to the Children (Scotland) Act 1995.back
[54] Sections 60-68 were repealed by Schedule 4 to the Regulation of Care (Scotland) Act 2001 (asp8) with effect from 1st April 2002 (S.S.I. 2002/162).back
[56] S.I.1978/1047 (N.I.17). Article 3 was amended by section 84(10) of the 1994 Act, section 41(2) of the 2000 Act and Schedule 1, paragraph 8 of the Criminal Justice (Northern Ireland) Order (S.I. 2003/1247) (N.I.13).back
[57] S.I.1980/704 (N.I.6).back
[58] S.I.1988/1847 (N.I.17). Article 15 was amended by sections 84(11) and 86(2) of the 1994 Act and section 41(4) of the 2000 Act.back
[59] This section and the sections of the Children and Young Persons Act (Northern Ireland) 1968 referred to in paragraphs (8)(c) and (d) were repealed by the Children (Northern Ireland) Order 1995back
[63] Orders in Council Vol IV p.288.back
[64] Orders in Council Vol V p.74.back
[65] Orders in Council Vol VIII p273.back
[66] Order in Council Vol V p. 342 as amended by Loi Supplementaire a la Loi ayant rapport a la Protection des Enfants et des Jeunes Personnes 1937, Orders in Council Col XI p.116 and The Protection of Children and Young Persons (Amendment) Law 1955 Orders in Council Vol XVI p.277.back
[67] Orders in Council XXIX as amended by The Administration of Justice (Bailiwick of Guernsey) Law 1985 Order in Council 1 of 1991.back
[72] The Tribunal was established by section 9 of the Protection of Children Act 1999.back