OpenLegislation

Section 65 2 Persons disqualified from carrying on, or being employed in children’s homes.I1C1

England and Wales

F1(A1)

A person (“P”) who is disqualified (under section 68) from fostering a child privately must not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home in England unless—

(a)

P has, within the period of 28 days beginning with the day on which P became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

(b)

P has obtained the appropriate authority's written consent.

(A2)

A person (“E”) must not employ a person (“P”) who is so disqualified in a children's home in England unless—

(a)

E has, within the period of 28 days beginning with the day on which E became aware of P's disqualification, disclosed to the appropriate authority the fact that P is so disqualified, and

(b)

E has obtained the appropriate authority's written consent.

(1)

A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home F2in Wales unless he has—

(a)

disclosed to F3the appropriate authority the fact that he is so disqualified; and

(b)

obtained its written consent.

(2)

No person shall employ a person who is so disqualified in a children’s home F4in Wales unless he has—

(a)

disclosed to the appropriate authority the fact that that person is so disqualified; and

(b)

obtained its written consent.

(3)

Where F5the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states—

(a)

the reason for the refusal;

F6(b)

the applicant’s right to appeal under section 65A against the refusal to the F7First-tier Tribunal

(c)

the time within which he may do so.

(4)

Any person who contravenes subsection F8(A1), (A2), (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5)

Where a person contravenes subsection F9(A2) or (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.

F10(6)

In this section and section 65A “appropriate authority” means—

(a)

in relation to England, the F11Her Majesty's Chief Inspector of Education, Children's Services and Skills; and

(b)

in relation to Wales, the National Assembly for Wales.

Annotations

Textual amendments

F1

S. 65(A1)(A2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(2), 139(6); S.I. 2015/375, art. 2(d)

F2

Words in s. 65(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(3), 139(6); S.I. 2015/375, art. 2(d)

F3

Words in s. 65(1)(a)(b)(2)(a)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(a); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F4

Words in s. 65(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(4), 139(6); S.I. 2015/375, art. 2(d)

F5

Words in s. 65(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(b); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F6

S. 65(3)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(c); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F7

Words in s. 65(3)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 72

F8

Words in s. 65(4) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(5), 139(6); S.I. 2015/375, art. 2(d)

F9

Words in s. 65(5) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 105(6), 139(6); S.I. 2015/375, art. 2(d)

F10

S. 65(6) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(d); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)

F11

Words in s. 65(6)(a) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 12; S.I. 2007/935, art. 5(gg)

Modifications

C1

S. 65: transfer of functions (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 148(3), 188; S.I. 2007/935, art. 5(u)

Commencement

I1

S. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)