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The Disqualification for Caring for Children Regulations 1991

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Disqualification in relation to voluntary homes

3.—(1) A person who is disqualified under section 68 of the Act from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in, a voluntary home unless he has—

(a)disclosed to the Secretary of State the fact that he is so disqualified; and

(b)obtained his written consent.

(2) No person shall employ a person who is so disqualified in a voluntary home unless he has—

(a)disclosed to the Secretary of State the fact that that person is so disqualified; and

(b)obtained the written consent of the Secretary of State.

(3) Where the Secretary of State refuses to give his consent under this regulation he shall inform the person carrying on or intending to carry on the voluntary home by a written notice which states—

(a)the reason for the refusal;

(b)the right to appeal against the refusal to a Registered Homes Tribunal under paragraph 5 of Schedule 5 to the Act; and

(c)the time within which he may do so.

(4) Any person who contravenes paragraph (1) or (2) of this regulation shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

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