PART 1 General

Citation and commencement

1.  These Regulations may be cited as the Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008 and come into force on 1st September 2008.

Interpretation

2.  In these Regulations—

“the Act” means the Childcare Act 2006;

“registered person” means a person who is registered under Chapter 2 (regulation of early years provision), Chapter 3 (regulation of later years provision for children under 8) or Chapter 4 (voluntary registration) of the Act.

Prescribed day for the purposes of the definition of “later years provision”

3.  The day prescribed for the purposes of section 96(6)(b) of the Act is the day on which the child attains the age of 18.

PART 2 Disclosure of information

Power of Chief Inspector where consent to disclosure withheld

4.  The Chief Inspector(2) may, in the circumstances set out in section 90(2) of the Act, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied.

Prescribed descriptions of information

5.—(1) Information is of a prescribed description for the purposes of section 90(2)(a)(iii) if it falls within any of the descriptions set out in paragraph (2).

(2) The information—

(a) confirms the identity of A(3);

(b) is information about A contained in a criminal record certificate issued under section 113A of the Police Act 1997(4) or in an enhanced criminal record certificate issued under section 113B(5) of that Act;

(c) confirms a relevant qualification claimed by A;

(d) is information about the health of A held by a medical practitioner;

(e) is information, other than information of a kind referred to in sub-paragraphs (a) to (d), about the character, employment record or other relevant experience of A held by—

(i) an educational institution currently or formerly attended by A,

(ii) an employer or former employer of A, or

(iii) a medical practitioner;

(f) is information about the character of A held by the governing body or proprietor of a school which was or is attended by a child of A or a child for whom A has parental responsibility;

(g) is information about A held by a local authority in connection with the exercise of its social services functions;

(h) is information about A, whether or not of a kind described in sub-paragraphs (a) to (g), held by—

(i) the National Assembly for Wales in pursuance of its functions as registration authority under Part 10A of the Children Act 1989(6);

(ii) the Scottish Commission for the Regulation of Care, pursuant to Part 1 of the Regulation of Care (Scotland) Act 2001(7);

(iii) a Health and Social Services Board, pursuant to Part 11 of the Children (Northern Ireland) Order 1995(8);

(iv) a body acting on behalf of the Crown in the Channel Islands or the Isle of Man;

(v) the national authority of any other member state of the European Economic Area having functions comprising the regulation of childcare.

(3) In this regulation—

“employment” includes work undertaken on a self-employed or voluntary basis (and “employer” is to be read accordingly);

“relevant qualification” means a qualification evidencing competence, or level of competence, in an area that is relevant to the Chief Inspector’s function of deciding whether or not to grant an application for registration under Chapter 2, 3 or 4 of the Act, or to the function under section 68(2)(a) of the Act;

“social services functions” means any functions which are social services functions for the purposes of the Local Authority Social Services Act 1970(9).