Resignation of registration, CA 1989 s. 79J
A registered child minder or day care provider may resign by written notice to the Assembly, but not if cancellation is pending or appeal period not expired.
A person who is registered for acting as a child minder or providing day care may by notice in writing to the Assembly resign his registration. But a person may not give a notice under subsection (1)— if the Assembly has sent him a notice under section 79L(1) of its intention to cancel the registration, unless the Assembly has decided not to take that step; or if the Assembly has sent him a notice under section 79L(5) of its decision to cancel the registration and the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not been determined.
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
A person registered as a child minder or day care provider may resign that registration by giving written notice to the Assembly. This means they can voluntarily end their registration at any time, subject to the conditions below.
However, the resignation cannot take effect if the Assembly has already sent a notice under section 79L(1) of its intention to cancel the registration. The only exception is if the Assembly has decided not to proceed with the cancellation.
Also, the resignation is not allowed if the Assembly has sent a notice under section 79L(5) of its decision to cancel the registration. In that case, the person must wait until either the time for appealing the cancellation has expired, or if an appeal has been brought, until that appeal is determined.
When it applies
- A child minder decides to stop working and wants to resign their registration.
- A day care provider receives a notice of intention to cancel their registration but hopes to resign before the cancellation takes effect.
- After a cancellation decision, a provider wants to resign immediately but the appeal period has not yet ended.
- A provider appeals a cancellation decision and while the appeal is pending, tries to resign.
- The Assembly sends a notice of intention to cancel but then decides not to cancel, so the provider can now resign.
What this section does not say
- The cancellation of registration by the Assembly (that is covered by section 79G).
- The suspension of registration (section 79H).
- The right to appeal a cancellation decision (section 79M).
- The process for applying for registration (section 79E).
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This page reproduces the text of CA 1989 s. 79J 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.