Regulation 6 Amendments to the Day Care and Child Minding (Disqualification) (England) Regulations 2005

After regulation 5 insert—

“Overseas offences

5A.

(1)

Subject to regulation 9, a person is disqualified if on or after 28th February 2007 he has been found to have done an act which—

(a)

constituted an offence under the law in force in a country outside the United Kingdom; and

(b)

would constitute an offence requiring disqualification under these Regulations if it had been done in any part of the United Kingdom.

(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—

(a)

he has been convicted of an offence (whether or not he has been punished for it);

(b)

he has been cautioned in respect of an offence;

(c)

a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that he is not guilty by reason of insanity; or

(d)

such a court has made in respect of an offence a finding equivalent to a finding that he is under a disability and did the act charged against him.

(3)

A person shall not be disqualified 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.”.