- Latest available (Revised)
- Point in Time (01/11/1995)
- Original (As enacted)
Children Act 1989
You are here:
- UK Public General Acts
- 1989 c. 41
- SCHEDULE 9
- Disqualification from registration
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Cross Heading: Disqualification from registration
Version Superseded: 01/04/2002
Alternative versions:
- 14/10/1991- Amendment
- 01/11/1995- Amendment
- 01/11/1995
Point in time - 01/04/2002- Amendment
Status:
Point in time view as at 01/11/1995.
Changes to legislation:
Children Act 1989, Cross Heading: Disqualification from registration is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Disqualification from registrationE+W+S
2(1)A person may not be registered under section 71 if he is disqualified by regulations made by the Secretary of State for the purposes of this paragraph [F1unless—
(a)he has disclosed the fact to the appropriate local authority; and
(b)obtained their written consent.]
(2)The regulations may, in particular, provide for a person to be disqualified where—
(a)an order of a prescribed kind has been made at any time with respect to him;
(b)an order of a prescribed kind has been made at any time with respect to any child who has been in his care;
(c)a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
(d)he has at any time been refused registration under Part X or any other prescribed enactment or had any such registration cancelled;
(e)he has been convicted of any offence of a prescribed kind, or has been placed on probation or discharged absolutely or conditionally for any such offence;
(f)he has at any time been disqualified from fostering a child privately;
(g)a prohibition has been imposed on him at any time under section [F269], section 10 of the M1Foster Children (Scotland) Act 1984 or any other prescribed enactment;
(h)his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
(3)A person who lives—
(a)in the same household as a person who is himself disqualified by the regulations; or
(b)in a household at which any such person is employed,
shall be disqualified unless he has disclosed the fact to the appropriate local authority and obtained their written consent.
(4)A person who is disqualified shall not provide day care, or be concerned in the management of, or have any financial interest in, any provision of day care unless he has—
(a)disclosed the fact to the appropriate local authority; and
(b)obtained their written consent.
(5)No person shall employ, in connection with the provision of day care, a person who is disqualified, unless he has—
(a)disclosed to the appropriate local authority the fact that that person is so disqualified; and
(b)obtained their written consent.
(6)In this paragraph “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F1Words in Sch. 9 para. 2(1) added (E.W.)(14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 30(2); S.I. 1991/1883, art. 3, Sch.
F2Word in Sch. 9 para. 2(2)(g) substituted (E.W.)(14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 30(3); S.I. 1991/1883, art. 3, Sch.
Modifications etc. (not altering text)
C1Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
Commencement Information
I1Sch. 9 para. 2 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations
2(1)A person may not be registered under section 71 if he is disqualified by regulations made by the Secretary of State for the purposes of this paragraph [F3unless he has-
(a)disclosed the fact to the appropriate local authority; and
(b)obtained their written consent.]
(2)The regulations may, in particular, provide for a person to be disqualified where—
(a)an order of a prescribed kind has been made at any time with respect to him;
(b)an order of a prescribed kind has been made at any time with respect to any child who has been in his care;
(c)a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
(d)he has at any time been refused registration under Part X or any other prescribed enactment or had any such registration cancelled;
(e)he has been convicted of any offence of a prescribed kind, or has been placed on probation or discharged absolutely or conditionally for any such offence;
(f)he has at any time been disqualified from fostering a child privately;
(g)a prohibition has been imposed on him at any time under section 61, section 10 of the M2Foster Children (Scotland) Act 1984 or any other prescribed enactment;
(h)his rights and powers with respect to a child have at any time been vested in a prescribed authority under a prescribed enactment.
(3)A person who lives—
(a)in the same household as a person who is himself disqualified by the regulations; or
(b)in a household at which any such person is employed,
shall be disqualified unless he has disclosed the fact to the appropriate local authority and obtained their written consent.
(4)A person who is disqualified shall not provide day care, or be concerned in the management of, or have any financial interest in, any provision of day care unless he has—
(a)disclosed the fact to the appropriate local authority; and
(b)obtained their written consent.
(5)No person shall employ, in connection with the provision of day care, a person who is disqualified, unless he has—
(a)disclosed to the appropriate local authority the fact that that person is so disqualified; and
(b)obtained their written consent.
(6)In this paragraph “enactment” means any enactment having effect, at any time, in any part of the United Kingdom.
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F3Words in Sch. 9 para. 2(1) added (S.) (1.11.1995) by 1995 c. 36, s.37(with ss. 90, 103(1)); S.I. 1995/2787, art. 3,Sch.
Commencement Information
I2Sch. 9 para. 2 in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Schedule
PrintThis Cross Heading only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.