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