Cancellation of registration: CA 1989 s. 79G
Lets Assembly cancel registration for child minding/day care if person ceases to be qualified or fails to pay fee. No cancellation if required changes pending.
the Assembly may cancel the registration of any person if— in the case of a person registered for child minding, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for child minding; in the case of a person registered for providing day care on any premises, the Assembly is of the opinion that the person has ceased or will cease to be qualified for registration for providing day care on those premises, or if a fee which is due from the person has not been paid. Where a requirement to make any changes or additions to any services, equipment or premises has been imposed on a registered person . . . , his registration shall not be cancelled on the ground of any defect or insufficiency in the services, equipment or premises if— the time set for complying with the requirements has not expired; and it is shown that the defect or insufficiency is due to the changes or additions not having been made. Any cancellation under this section must be in writing.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Assembly (the regulatory body for child minding and day care in Wales) the power to cancel a person's registration. Cancellation can happen if the Assembly decides the person is no longer qualified for registration, or if a fee they owe has not been paid.
However, if the Assembly has previously required changes to services, equipment or premises, cancellation cannot happen while the time to comply is still running and the problem is only that the required changes have not yet been made.
Any cancellation must be in writing.
When it applies
- A childminder stops meeting the training or suitability requirements set by the Assembly.
- A day care provider fails to pay the annual registration fee by the due date.
- The Assembly decides that a registered person will soon cease to be qualified (e.g., due to a pending disqualification).
- Required improvements to premises have been ordered, and the deadline has not passed, so cancellation is blocked.
- A registered person has been convicted of an offence that makes them disqualified, leading the Assembly to cancel.
What this section does not say
- This section does not apply to England (there, similar powers are exercised by the Chief Inspector under other provisions).
- It does not require the Assembly to give a hearing or notice before cancellation (that is covered by s.79L).
- Cancellation is not automatic on non-payment of a fee—the Assembly may decide not to cancel.
- It does not set out the right to appeal a cancellation (appeals are under s.79M).
That's the law. Now let's settle your problem.
Say what is happening. A neutral mediator hears your side and the other party's, and walks you both to a written agreement. In the advanced settings you can ask for the decision to be reasoned on the Acts of Parliament that apply in England and Wales.
Or open a session directly and invite the other party.
We copy this text from the official publisher and re-check it against that source on every page load, but we cannot guarantee it is complete, current or free of error, and we accept no liability for any reliance on it. An amendment can take effect before a consolidation catches up. The publisher's own copy is linked below; where the two differ, it is the official one that counts.
This page reproduces the text of CA 1989 s. 79G in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.