Child minder registration suspension - CA 1989 s. 79H
Regulations may suspend child minder or day care registration; right of appeal to First-tier Tribunal; acting while suspended is an offence.
Regulations may provide for the registration of any person for acting as a child minder or providing day care to be suspended for a prescribed period by the Assembly in prescribed circumstances. Any regulations made under this section shall include provision conferring on the person concerned a right of appeal to the First-tier Tribunal against suspension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A person registered under this Part for child minding by the Assembly shall not act as a child minder in Wales at a time when that registration is so suspended. A person registered under this Part for providing day care on any premises shall not provide day care on those premises at any time when that registration is so suspended. If any person contravenes subsection (3), (4) or (5) without reasonable excuse, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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 allows the Welsh Assembly to make regulations that suspend a person's registration as a child minder or day care provider. The regulations set out the circumstances and the duration of the suspension. The person affected has a right to appeal the suspension to the First-tier Tribunal. If someone continues to act as a child minder or provide day care while their registration is suspended, they commit an offence and can be fined up to level 5 on the standard scale.
When it applies
- A child minder's registration is suspended by the Welsh Assembly after an inspection reveals safety concerns.
- A day care provider fails to meet regulatory standards and is suspended for a prescribed period.
- A registered child minder appeals a suspension decision to the First-tier Tribunal.
- An individual continues to provide child minding after their registration is suspended and is prosecuted.
- A parent reports a child minder who is still working despite a suspension.
What this section does not say
- This section does not cover the criteria for granting or refusing registration (those are in sections 79E and 79F).
- It does not cover cancellation of registration (that is in section 79G).
- It does not cover emergency protection orders for children (that is in section 79K).
- It does not set out the general functions of the Welsh Assembly or the Chief Inspector (those are in sections 79S and 79N).
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This page reproduces the text of CA 1989 s. 79H 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.