Wales Child Care Suitability Certificate CA 1989 s. 79W
CA 1989 s. 79W enables regulations in Wales requiring suitability certificates for persons providing care over five hours for children under 15 or 17.
This section applies to any person not required to register under this Part who looks after, or provides care for, children in Wales and meets the following conditions. References in this section to children are to those under the age of 15 or (in the case of disabled children) 17. The first condition is that the period, or the total of the periods, in any week which he spends looking after children or (as the case may be) during which the children are looked after exceeds five hours. The second condition is that he would be required to register under this Part (or, as the case may be, this Part if it were subject to prescribed modifications) if the children were under the age of eight. Regulations may require a person to whom this section applies to hold a certificate issued by the Assembly as to his suitability, and the suitability of each prescribed person, to look after children. The regulations may make provision about— applications for certificates; the matters to be taken into account by the Assembly in determining whether to issue certificates; the information to be contained in certificates; the period of their validity. The regulations may provide that a person to whom this section applies shall be guilty of an offence— if he does not hold a certificate as required by the regulations; or if, being a person who holds such a certificate, he fails to produce it when reasonably required to do so by a prescribed person. The regulations may provide that a person who, for the purpose of obtaining such a certificate, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence. The regulations may provide that a person guilty of an offence under the regulations shall be 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 provision applies to individuals in Wales who care for children but are not required to register under this Part of the Act. For these rules, children means those under 15 years of age, or under 17 if disabled.
The requirement applies if two conditions are met. First, the care provider spends a total of more than five hours in any week looking after children. Second, the provider would be required to register under this Part if the children were under eight years of age.
Regulations may require qualifying individuals to hold a certificate of suitability issued by the Assembly. Regulations may create offences for failing to hold or produce a certificate, or for knowingly making a false statement to obtain one, punishable on summary conviction by a fine up to level 5 on the standard scale.
When it applies
- A carer in Wales provides unregistered care for children under 15 for more than five hours in a week.
- A person in Wales looks after a disabled child under 17 for more than five hours a week without holding a required certificate of suitability.
- An individual in Wales knowingly submits false information to obtain an Assembly suitability certificate for child care.
What this section does not say
- Child care provision located in England, which is subject to English inspection provisions under ca1989s.79q.
- Emergency protection steps for children, which are addressed under ca1989s.79k.
- Appeals against registration decisions, which are covered under ca1989s.79m.
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This page reproduces the text of CA 1989 s. 79W 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.