Regulation 5 Amendments to the Day Care and Child Minding (Disqualification) (England) Regulations 2005

In regulation 5 (offences against adults)–

(a)

in paragraph (1) for “Subject to paragraph (2)” substitute “Subject to paragraphs (2) and (3)”;

(b)

in paragraph (1)(a)—

(i)

for “convicted of” substitute “found to have committed”; and

(ii)

for all of the words after “2000 Act” substitute “or an offence that is related to such an offence; or”;

(c)

in paragraph (1)(b) after “2000 Act” insert “or an offence that is related to such an offence”; and

(d)

for paragraph (2) substitute—

“(2)
A person shall not be disqualified under paragraph (1) in respect of any order or offence if—

(a)
he has successfully appealed against the order 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a caution in respect of that offence has been withdrawn or set aside; or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a direction based wholly or in part on that offence has been revoked.

(3)
A person convicted before 28th February 2007 of any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act—

(a)
shall not be disqualified this regulation unless a qualifying sentence has been imposed by a senior court in respect of that offence; and

(b)
shall cease to be disqualified where the rehabilitation period applicable to the conviction under the Rehabilitation of Offenders Act 1974^f1 has expired.”.

Annotations

Footnotes

f1: 1974 c. 53.