Regulation 3 Amendments to the Day Care and Child Minding (Disqualification) (England) Regulations 2005

(1)

Re-number regulation 3 (interpretation) as paragraph (1) of that regulation.

(2)

In regulation 3—

(a)

in paragraph (1) as so re-numbered in the definition of “direction” for “subsection (4)(a) or (b)” substitute “subsection (4)(a), (b) or (d)”; and

(b)

after paragraph (1) as so re-numbered insert—

“(2)
In these regulations—

(a)
a person has been “found to have committed” an offence if—

(i)
he has been convicted of an offence; or

(ii)
on or after 28th February 2007 he has been—
(aa)
given a caution^f1 in respect of an offence by a police officer after he has admitted that offence;

(bb)
found not guilty of an offence by reason of insanity; or

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

(b)
a person has been found to have committed an offence that is “related to” an offence if on or after 28th February 2007 he has been found to have committed an offence of—

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

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

Annotations

Footnotes

f1: Paragraph 4(6) of Schedule 9A to the Children Act 1989 was substituted by section 102 of the Childcare Act 2006 and provides that “caution” includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998 (c. 37).