Explanatory note

These Regulations set out the categories of persons who are disqualified from registration in England as providers of early years or later years childminding or other early years or later years provision under the Childcare Act 2006 (“the 2006 Act”). Section 76 of the 2006 Act sets out the consequences of disqualification which include disqualification from being concerned with the management of early years or later years child care provision and from being employed in connection with such provision.

Regulation 3 of these Regulations, together with Schedules 2 and 3, sets out categories of offences against or involving children or adults in respect of which a person is disqualified from registration. Regulation 3 and Schedule 1 also set out orders and determinations for the care and supervision of children in connection with which a person is disqualified from registration.

Disqualification from registration applies to offences committed overseas which are comparable to the offences set out in these Regulations (see regulation 4).

These Regulations also cross-refer to persons included on the list kept under section 1 of the Protection of Children Act 1999 (c. 14) and to persons in respect of whom a direction has been made under section 142 of the Education Act 2002 (c. 32) (known as List 99). Both categories of persons are disqualified from registration under these Regulations (see regulations 5 and 6(1) and 6(2)).

Regulation 8 sets out the circumstances in which disqualification may be waived by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (the “Chief Inspector”). There is no power of waiver by the Chief Inspector where the disqualification arises from inclusion on List 99, the list kept under section 1 of the Protection of Children Act 1999 or where a court has ordered that a person must not work in contact with children following a conviction for certain offences against children (see regulation 8(1) and 8(3)).

The Regulations apply to applications for registration made under Chapters 2, 3 and 4 of the 2006 Act. A right of appeal lies to the Care Standards Tribunal^f1 in relation to any determination made by the Chief Inspector under these Regulations by virtue of regulation 9.

Regulation 10 provides that a person registered under Chapter 4 of Part 3 of the 2006 Act has a continuing obligation to provide information to the Chief Inspector about the details of any offences, determinations or other grounds 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.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from Paul Oates, Early Years Regulation Team, Sure Start Unit, Caxton House, Tothill Street, London SW1H 9NA, Telephone 0207 273 5686, email: [email protected]. It is also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.