The Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2022

• Citation: S.I. 2022/1188 (W.)
• Sections: 53

Section 1 Title and commencement

(1) The title of these Regulations is the Child Minding and Day Care (Disqualification) (No. 2) (Wales) Regulations 2022.

(2) These Regulations come into force on 6 December 2022 immediately after the Child Minding and Day Care (Disqualification) (Wales) Regulations 2022 .

Section 2 Interpretation

(1) In these Regulations—

“ the 1989 Act ” (“ Deddf 1989 ”) means the Children Act 1989 ;

“ the 2000 Act ” (“ Deddf 2000 ”) means the Criminal Justice and Court Services Act 2000 ;

“ direction ” (“ cyfarwyddyd ”) means a direction made, or which has effect as if made, under section 142 of the Education Act 2002 on the grounds set out in subsection (4)(a), (b) or (d) of that section ;

“ disqualified ” (“ wedi ei anghymhwyso ”) means disqualified from registration as a child minder or provider of day care under Part 2 of the Measure;

“ domestic premises ” (“ mangre ddomestig ”) has the meaning given by section 19(6) of the Measure;

“ the Measure ” (“ y Mesur ”) means the Children and Families (Wales) Measure 2010;

“ relevant order ” (“ gorchymyn perthnasol ”) means—

an order made by the Crown Court, the Court of Appeal, the Court Martial or the Court Martial Appeal Court that the individual in question be admitted to hospital, or

a guardianship order .

(2) In these Regulations, a person (“ P ”) has been “found to have committed” an offence if P has been—

(a) convicted of an offence;

(b) found not guilty of an offence by reason of insanity;

(c) found to be under a disability and to have done the act charged against them in respect of such an offence;

(d) on or after 6 April 2007, given a caution in respect of an offence by a police officer;

(e) on or after 8 April 2013, given a youth caution by a police officer, in respect of an offence which P has admitted .

(3) In these Regulations, P has been found to have committed an offence that is “related to” an offence if P has been found to have committed an offence of—

(a) attempting, conspiring or incitement to commit that offence, or

(b) aiding, abetting, counselling or procuring the commission of that offence.

Section 3 Care of children and offences against children or adults

(1) Subject to paragraphs (9), (10) and (11) and regulation 9, a person (“ P ”) is disqualified if any of paragraphs (2) to (8) apply.

(2) Any of the orders or other determinations specified in Schedule 1 has been made—

(a) with respect to P,

(b) which prevents P from being registered in relation to any facility in which children are looked after or from being involved in the management of or otherwise concerned with the provision of any such facility, or

(c) with respect to a child who has been in P’s care.

(3) An order has been made with respect to P under section 104 of the Sexual Offences Act 2003 despite the offence having been repealed in England and Wales.

(4) P has been found to have committed an offence against a child within the meaning of section 26(1) of the 2000 Act despite the offence having been repealed.

(5) P—

(a) has been found to have committed any offence specified in paragraph 1 of Schedule 2 or an offence that is related to such an offence, or

(b) falls within paragraph 2 of that Schedule,

despite the fact that the statutory offences in that Schedule have been repealed.

(6) P has been found to have committed any offence other than an offence referred to in paragraph (4) or (5) involving bodily injury to, or death of, a child.

(7) P has been found to have committed any offence specified in Schedule 3 or an offence that is related to such an offence.

(8) P has been—

(a) found to have committed any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence, or

(b) charged with any offence, committed against a person aged 18 or over, mentioned in paragraph 2 of Schedule 4 to the 2000 Act or an offence that is related to such an offence in respect of which a relevant order has been imposed by a senior court,

despite the fact that the statutory offences in that Schedule have been repealed.

(9) P is not disqualified under paragraphs (1) to (8) in respect of any order, determination or offence if—

(a) P has successfully appealed against the order, determination or conviction,

(b) a caution in respect of that offence has been withdrawn or set aside,

(c) a direction based wholly or in part on the offence has been revoked, or

(d) an order has been made under section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 79 or 80 of the Sentencing Code discharging P absolutely or conditionally in respect of that offence.

(10) P is not disqualified by virtue of paragraph (2)—

(a) if an order is made under the 1989 Act under which P was placed in the care or under the supervision of a designated local authority or similar body, unless an order has also been made as a result of P’s care of their own child, or

(b) where P is a foster carer or adoptive parent of a child, and that child is or was made the subject of a care or supervision order under the 1989 Act, unless the order is made as a result of P’s care of that child.

(11) P is not disqualified from registration by virtue of paragraph (2) in respect of any refusal or cancellation of registration under the provisions set out in paragraph 23(c) of Schedule 1 if—

(a) the refusal or cancellation is in respect of registration with a child-minder agency, or

(b) the sole reason for the refusal or cancellation of registration was the failure to pay any fee prescribed under Part 3 of the Children and Young Persons Act (Northern Ireland) 1968 .

Section 4 Overseas offences

(1) Subject to regulation 9, a person (“ P ”) is disqualified if P has been found to have done an act which—

(a) constituted an offence under the law in force in a country outside the United Kingdom, and

(b) would constitute an offence requiring disqualification from registration under these Regulations if it had been done in any part of the United Kingdom.

(2) In paragraph (1), P has been “found to have done an act which constituted an offence” if, under the law in force in a country outside the United Kingdom—

(a) P has been convicted of an offence (whether or not P has been punished for it),

(b) P has been cautioned in respect of an offence,

(c) a court exercising jurisdiction under that law has made in respect of an offence a finding equivalent to a finding that P is not guilty by reason of insanity, or

(d) such a court has made in respect of an offence a finding equivalent to a finding that P is under a disability and did the act charged against P.

(3) P is not disqualified under paragraph (1) in respect of any finding if, under the law in force in the country concerned, such finding has been reversed.

(4) An act punishable under the law in force in a country outside the United Kingdom constitutes an offence under that law for the purposes of this regulation however it is described in that law.

Section 5 Protection of Children Act list

A person who is included in the list kept under section 1 of the Protection of Children Act 1999 (list of those considered by the Secretary of State unsuitable to work with children) is disqualified.

Section 6 Direction in relation to the employment of teachers etc.

(1) Subject to regulation 9, a person (“ P ”) is disqualified if any of the following provisions of this regulation apply to P.

(2) P is subject to a direction.

(3) P’s name is on any list kept for the purposes of regulations made under article 70(2)(e) or 88A(1) and (2)(b) of the Education and Libraries (Northern Ireland) Order 1986 .

Section 7 Persons barred from regulated activity relating to children

A person who is barred from regulated activity relating to children within the meaning of section 3(2) of the Safeguarding Vulnerable Groups Act 2006 is disqualified.

Section 8 Persons living or working on premises where a disqualified person lives

Subject to regulation 9, a person (“ P ”) is disqualified if P—

(a)

(i) lives in the same household as another person who is disqualified from registration, or

(ii) lives in a household in which any such person is employed, and

(b) acts or intends to act as a childminder on domestic premises used by the household of which P is a member.

Section 9 Waivers

(1) Subject to paragraph (2), where a person (“ P ”) would be disqualified by virtue of regulation 3, 4, 6(1) and (3), or 8 but has disclosed to the Welsh Ministers the facts which would otherwise cause P to be disqualified, and the Welsh Ministers have given written consent and have not withdrawn that consent, then the person is not, by reason of the facts so disclosed, to be regarded as disqualified for the purpose of these Regulations.

(2) In relation to a person who would be disqualified by virtue of regulation 3(4), this regulation does not apply where a court has made an order under section 28(4), 29(4) or 29A(2) of the 2000 Act .

(3) A person is not disqualified if, prior to 1 April 2002, the person—

(a) disclosed the facts which would disqualify the person under these Regulations to an appropriate local authority under paragraph 2 of Schedule 9 to the 1989 Act , and

(b) obtained the written consent of that local authority.

Section 10 Appeals

Any determination made by the Welsh Ministers as to whether to give consent to waive disqualification under regulation 9(1) is a prescribed determination for the purposes of section 37(2)(a) of the Measure (appeals).

Section 11 Duty of disclosure

(1) A person who is registered under Part 2 of the Measure (“ registered person ”) must provide the following information to the Welsh Ministers—

(a) details of any order, determination, conviction or other ground for disqualification from registration made or applying in relation to a person listed in paragraph (2) which results in that person being disqualified from registration under these Regulations;

(b) the date when the order, determination or conviction was made or when any other ground for disqualification from registration arose;

(c) the body or court by which the order, determination or conviction was made and the sentence, if any, imposed;

(d) in relation to an order or conviction, a copy of the relevant order or court order certified by the issuing body or court.

(2) The persons in respect of whom the information referred to in paragraph (1) must be provided are—

(a) the registered person, and

(b) any person who lives in the same household as the registered person or who is employed in that household.

(3) The information referred to in paragraph (1) must be provided to the Welsh Ministers as soon as reasonably practicable, but in any event within 14 days of the time when the registered person became aware of that information or ought reasonably to have become aware of it if the registered person had made reasonable enquiries.

(4) The requirement in paragraph (2)(b) only applies in respect of household members or those employed in the household of a registered childminder.

(5) Any allegation that a registered person has failed to meet the requirements of this regulation may be taken into account by the Welsh Ministers in the exercise of their functions under Part 2 of the Measure (including cancellation of registration in accordance with section 31(1) of the Measure).

(6) A person who without reasonable excuse fails to comply with the requirements of this regulation is guilty of an offence.

(7) A person found guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Section 12 Revocation and consequential amendment

(1) The Child Minding and Day Care (Disqualification) (Wales) Regulations 2022 are revoked .

(2) In the Child Minding and Day Care (Wales) Regulations 2010 , in regulation 2(1), in the definition of “disqualified”, in paragraph (a) after

(3) “(Disqualification)” insert “(No. 2)” .

Section 1 Care, supervision and permanence orders

An order under section 31(1)(a) of the 1989 Act (care order).

Section 2 Care, supervision and permanence orders

An order under section 31(1)(b) of the 1989 Act (supervision order).

Section 3 Care, supervision and permanence orders

An order under article 50(1)(a) of the Children (Northern Ireland) Order 1995 (care order).

Section 4 Care, supervision and permanence orders

An order under article 50(1)(b) of the Children (Northern Ireland) Order 1995 (supervision order).

Section 5 Care, supervision and permanence orders

An order under section 3(3) of the Children and Young Persons (Guernsey) Law 1967 (fit person order or special care order).

Section 6 Care, supervision and permanence orders

An order made further to an application as permitted under section 48(3) of the Children (Guernsey and Alderney) Law 2008 (community parenting order).

Section 7 Care, supervision and permanence orders

An order under section 31(1)(a) of the Children and Young Persons Act 2001 (an Act of Tynwald) (care order).

Section 8 Care, supervision and permanence orders

An order under section 31(1)(b) of the Children and Young Persons Act 2001 (an Act of Tynwald) (supervision order).

Section 9 Care, supervision and permanence orders

An order or determination specified in Schedule 4 to the Children (Jersey) Law 2002 .

Section 10 Care, supervision and permanence orders

Any order that would have been deemed to be a care order by virtue of paragraph 15 of Schedule 14 to the 1989 Act (transitional provisions for children in compulsory care) had it been in force immediately before the day on which Part 4 of the 1989 Act came into force.

Section 11 Care, supervision and permanence orders

A parental responsibility order made under article 7 of the Children (Northern Ireland) Order 1995.

Section 12 Care, supervision and permanence orders

A child protection order under section 57 of the Children (Scotland) Act 1995 or under section 37 of the Children’s Hearings (Scotland) Act 2011 .

Section 13 Care, supervision and permanence orders

A permanence order made, or treated as being made, under section 80 of the Adoption and Children (Scotland) Act 2007 .

Section 14 Orders imposing a residence or exclusion requirement

A supervision order which imposes a residence requirement under paragraph 5 of Schedule 6 to the Powers of Criminal Courts (Sentencing) Act 2000 , section 12AA of the Children and Young Persons Act 1969 (requirement to live in local authority accommodation), paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or paragraph 25 of Schedule 6 to the Sentencing Code.

Section 15 Orders imposing a residence or exclusion requirement

A fit person order under section 91, 92, 95 or 97 of the Children and Young Persons Act (Northern Ireland) 1968 , a parental rights order under section 104 or a training school order under section 78, sections 83 to 90, section 95 or section 97 of that Act.

Section 16 Orders imposing a residence or exclusion requirement

An exclusion order under section 76 of the Children (Scotland) Act 1995.

Section 17 Orders imposing a residence or exclusion requirement

A supervision order which imposes a residence requirement under paragraph 5 of Schedule 9 to the Children and Young Persons Act 2001 (an Act of Tynwald) (requirement to live in accommodation provided by the Department of Health and Social Security) .

Section 18 Orders imposing a residence or exclusion requirement

An order made at any time imposing a supervision requirement with respect to a child so as to remove that child from P’s care, under—

(a) section 44 of the Social Work (Scotland) Act 1968 , or

(b) section 70 of the Children (Scotland) Act 1995 .

Section 19 Orders imposing a residence or exclusion requirement

An order made at any time vesting P’s rights and powers with respect to a child in a local authority in Scotland—

(a) under section 16 of the Social Work (Scotland) Act 1968 , or

(b) pursuant to a parental responsibilities order under section 86 of the Children (Scotland) Act 1995 .

Section 20 Orders imposing a residence or exclusion requirement

A compulsory supervision order, within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011, or an interim compulsory supervision order, within the meaning of section 86 of that Act, made at any time with respect to a child so as to remove that child from P’s care.

Section 21 Determinations in relation to P’s suitability to provide care

In relation to registration of a children’s home—

(a) a refusal of P’s application for registration under section 13 of the Care Standards Act 2000,

(b) cancellation of P’s registration under section 14, 20(1) or 20(A) of the Care Standards Act 2000,

(c) cancellation of the registration of any person under section 14, 20(1) or 20(A) of the Care Standards Act 2000 in relation to a children’s home which P has been concerned in the management of, or has any financial interest in, or

(d) refusal of P’s application for registration or cancellation of P’s registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 .

Section 22 Determinations in relation to P’s suitability to provide care

In relation to the registration of a care home service which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“ the 2016 Act ”))—

(a) a refusal of P’s application for registration under section 7 of the 2016 Act,

(b) a refusal under section 12 of the 2016 Act of P’s application to vary P’s registration (made in accordance with section 11(1)(a)(i) or (ii) of that Act),

(c) a cancellation of P’s registration under section 15(1)(b) to (f) or 23(1) of the 2016 Act,

(d) a cancellation of the registration of any person under section 15(1)(b) to (f) or 23(1) of the 2016 Act in relation to a care home service provided wholly or mainly to persons under the age of 18, or a secure accommodation service, in which P has been concerned in the management, or in which P had any financial interest, or

(e) a refusal of P’s application for registration or cancellation of P’s registration under the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Section 23 Determinations in relation to P’s suitability to provide care

Refusal at any time of P’s application for registration in relation to a voluntary home or a children’s home, or cancellation of the registration of a voluntary home or children’s home which was carried on by P or which P was otherwise concerned with the management of, or had any financial interest in, under, as the case may be—

(a) paragraph 1 of Schedule 5 to the 1989 Act ,

(b) paragraph 1 or 4 of Schedule 6 to the 1989 Act ,

(c) section 127 of the Children and Young Persons Act (Northern Ireland) 1968 ,

(d) article 80, 82, 96 or 98 of the Children (Northern Ireland) Order 1995 ,

(e) Part 1 of the Regulation of Care (Scotland) Act 2001 (care home services),

(f) paragraph 2 or 4 of Schedule 6 to the Children and Young Persons Act 2001 (an Act of Tynwald) , or

(g) Part 5 of the Public Services Reform (Scotland) Act 2010 .

Section 24 Determinations in relation to P’s suitability to provide care

A prohibition imposed at any time under—

(a) section 69 of the 1989 Act, section 10 of the Foster Children Act 1980 or section 4 of the Children Act 1958 (power to prohibit private fostering) ,

(b) article 110 of the Children (Northern Ireland) Order 1995 (power to prohibit private fostering),

(c) section 10 of the Foster Children (Scotland) Act 1984 (power to prohibit the keeping of foster children) , or

(d) section 59 of the Children and Young Persons Act 2001 (an Act of Tynwald) (power to prohibit or impose restrictions under private fostering).

Section 25 Determinations in relation to P’s suitability to provide care

A notice in writing given by a Health and Social Services Board under section 1(3) of the Children and Young Persons Act (Northern Ireland) 1968 (withholding consent to the care and maintenance of the child being undertaken by a person).

Section 26 Determinations in relation to P’s suitability to provide care

Refusal at any time of registration in respect of the provision of nurseries, day care, child minding or other provision of childcare, disqualification from such registration or cancellation of any such registration under—

(a) section 1 or 5 of the Nurseries and Child-Minders Regulation Act 1948 ,

(b) Part 10 or 10A of the 1989 Act ,

(c) Chapter 2, 3 or 4 of Part 3 of the Childcare Act 2006 ,

(d) Part 11 of the Children (Northern Ireland) Order 1995,

(e) section 11(5) or 15 of the Children and Young Persons Act (Northern Ireland) 1968 ,

(f) Part 1 of the Regulation of Care (Scotland) Act 2001 ,

(g) section 1 of the Nurseries and Child Minders Regulation Act 1974 (an Act of Tynwald),

(h) section 65 or 66 of, or Schedule 7 to, the Children and Young Persons Act 2001 (an Act of Tynwald),

(i) Part III of the Child Protection (Guernsey) Law 1972, or

(j) Part 2 of the Measure.

Section 27 Determinations in relation to P’s suitability to provide care

Disqualification from working with children at any time under the Protection of Children (Scotland) Act 2003 .

Section 28 Determinations in relation to P’s suitability to provide care

Refusal at any time of P’s application for registration or cancellation of P’s registration under section 62 of the Social Work (Scotland) Act 1968 (registration of residential and other establishments).

Section 29 Determinations in relation to P’s suitability to provide care

Refusal at any time of P’s application for registration as a provider of a child care agency under section 7 of the Regulation of Care (Scotland) Act 2001 or cancellation of any such registration under section 12 or 18 of that Act .

Section 30 Determinations in relation to P’s suitability to provide care

Refusal at any time of P’s application for registration as a provider of a child care agency under section 59 of the Public Services Reform (Scotland) Act 2010 or cancellation of any such registration under section 64 or 65 of that Act.

Section 31 Determinations in relation to P’s suitability to provide care

Refusal at any time of P’s application for registration or cancellation of P’s registration under section 60 of the Public Services Reform (Scotland) Act 2010.

Section 32 Determinations in relation to P’s suitability to provide care

Inclusion of P’s name at any time on a list of persons unsuitable to work with children under article 3 of the Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003 or disqualification from working with children under Chapter 2 of Part 2 of that Order .

Section 1

(1) An offence under any of the following sections of the Sexual Offences Act 1956 —

(a) section 1 (rape);

(b) section 2 or 3 (procurement of woman by threats or false pretences);

(c) section 4 (administering drugs to obtain or facilitate intercourse);

(d) section 5 (intercourse with a girl under 13);

(e) section 6 (intercourse with a girl between 13 and 16);

(f) section 14 or 15 (indecent assault);

(g) section 16 (assault with intent to commit buggery);

(h) section 17 (abduction of woman by force or for the sake of her property);

(i) section 19 or 20 (abduction of girl under 18 or 16);

(j) section 24 (detention of woman in brothel or other premises);

(k) section 25 or 26 (permitting girl under 13, or between 13 and 16, to use premises for intercourse);

(l) section 28 (causing or encouraging prostitution of, intercourse with or indecent assault on, girl under 16).

(2) An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child) .

(3) An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to incest) .

(4) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust) .

(5) An offence under section 16 of the Foster Children Act 1980 or section 14 of the Children Act 1958 (offences relating to private fostering).

(6) An offence under section 63(10) of, paragraph 1(5) of Schedule 5 to, or paragraph 2(3) of Schedule 6 to, the 1989 Act (offences relating voluntary homes and children’s homes) .

(7) An offence under or by virtue of any of the following sections of the Regulation of Care (Scotland) Act 2001 —

(a) section 21 (offences in relation to registration),

(b) section 22 (false statements in applications), or

(c) section 29(10) (offences under regulations).

(8) An offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).

Section 2

P falls within this paragraph if P has been found to have committed an offence under any of the following provisions committed against or involving a child—

(a) section 7 of the Sexual Offences Act 1956 (intercourse with defective),

(b) section 9 of that Act (procurement of defective),

(c) section 10 of that Act (incest by a man),

(d) section 11 of that Act (incest by a woman),

(e) section 12 of that Act (buggery) except if the other party to the act of gross indecency was aged 16 or over and consented to the act,

(f) section 21 of that Act (abduction of defective from parent or guardian),

(g) section 22 of that Act (causing prostitution of women),

(h) section 23 of that Act (procuration of girl under 21),

(i) section 27 of that Act (permitting defective to use premises for intercourse),

(j) section 30 of that Act (man living on earnings of prostitution),

(k) section 31 of that Act (woman exercising control over prostitute),

(l) section 128 of the Mental Health Act 1959 (sexual intercourse with patients) ,

(m) section 4 of the Sexual Offences Act 1967 (procuring others to commit homosexual acts),

(n) section 5 of that Act (living on earning of male prostitution),

(o) section 9(1)(a) of the Theft Act 1968 (burglary), or

(p) an offence that is related to an offence specified in sub-paragraphs (a) to (o).

Section 1 Offences in England and Wales

(1) An offence under section 1 (offence of sending letters etc. with intent to cause distress or anxiety) of the Malicious Communications Act 1988 .

(2) An offence under section 49 or 50(9) of the 1989 Act (offences relating to the abduction of a child in care).

(3) An offence under any of the following sections of the Protection from Harassment Act 1997 —

(a) section 4 (putting people in fear of violence), or

(b) section 4A (stalking involving fear of violence or serious alarm or distress) .

(4) An offence under any of the following sections of the Terrorism Act 2000 —

(a) section 11 (membership),

(b) section 12 (support),

(c) section 13 (uniform),

(d) section 15 (fund-raising),

(e) section 54 (weapons training) ,

(f) section 56 (directing terrorist organisation),

(g) section 58A (eliciting, publishing or communicating information about members of armed forces etc) ,

(h) section 59 (England and Wales), or

(i) section 63 (terrorist finance: jurisdiction).

(5) An offence in relation to a children’s home under or by virtue of any of the following provisions of the Care Standards Act 2000—

(a) section 11(1) (failure to register),

(b) section 24 (failure to comply with conditions),

(c) section 25 (contravention of regulations),

(d) section 26 (false descriptions of establishments and agencies), or

(e) section 27 (false statements in applications).

(6) An offence under section 127 (improper use of public electronic communications network) of the Communications Act 2003 .

(7) An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 15A (sexual communication with a child) ,

(b) section 62 or 63 (committing an offence or trespassing with intent to commit a sexual offence),

(c) section 64 or 65 (sex with an adult relative),

(d) section 67A (voyeurism: additional offences),

(e) section 69 (intercourse with an animal) ,or

(f) section 70 (sexual penetration of a corpse).

(8) An offence under any of the following provisions of the Terrorism Act 2006 —

(a) section 1 (encouragement of terrorism),

(b) section 2 (dissemination of terrorist publications),

(c) section 5 (preparation of terrorist acts),

(d) section 6 (training for terrorism) ,

(e) section 8 (attendance at a place used for terrorist training),

(f) section 9 (making and possession of devices or materials), or

(g) section 11 (terrorist threats relating to devices, materials or facilities).

(9) An offence under section 62 (possession of prohibited images of children) of the Coroners and Justice Act 2009 .

(10) An offence under any of the following provisions of the Criminal Justice and Courts Act 2015 —

(a) section 20 (ill treatment or wilful neglect: care worker offence),

(b) section 21 (ill treatment or wilful neglect: care provider offence), or

(c) section 33 (disclosing private sexual photographs and film with intent to cause distress).

(11) An offence under any of the following provisions of the Serious Crime Act 2015 —

(a) section 69 (possession of paedophile manual) , or

(b) section 76 (controlling or coercive behaviour in an intimate or family relationship).

(12) An offence under any of the following provisions of the Modern Slavery Act 2015 —

(a) section 1 (slavery, servitude and forced or compulsory labour),

(b) section 2 (human trafficking),

(c) section 4 (committing offence with intent to commit offence under section 2), or

(d) section 30 (offences) .

(13) An offence under section 5 (supplying, or offering to supply, a psychoactive substance) of the Psychoactive Substances Act 2016 .

(14) An offence in relation to a care home service, which is provided wholly or mainly to persons under the age of 18, or a secure accommodation service (each has the meaning given in Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (“ the 2016 Act ”)) under or by virtue of any of the following provisions of the 2016 Act—

(a) section 5 (requirement to register),

(b) section 43 (failure to comply with a condition),

(c) section 44 (false descriptions),

(d) section 45 (failure by service provider to comply with requirements in regulations), or

(e) section 47 (false statements).

(15) An offence under section 70 of the 1989 Act (offences relating to private fostering).

(16) An offence under section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: England and Wales).

(17) An offence under any of the following provisions of the Female Genital Mutilation Act 2003 —

(a) section 1 (offence of female genital mutilation),

(b) section 2 (assisting a girl to mutilate her own genitalia),

(c) section 3 (assisting a non-UK person to mutilate overseas a girl’s genitalia), or

(d) section 3A (failing to protect a girl from risk of genital mutilation).

Section 2 Offences in Scotland

(1) An offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009 .

(2) An offence specified in Schedule 1 to the Criminal Procedure (Scotland) Act 1995 .

(3) The common law offence of plagium (theft of a child below the age of puberty).

(4) An offence under section 52 or 52A of the Civic Government (Scotland) Act 1982 (offences relating to indecent photographs of children).

(5) An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of trust).

(6) An offence under any of the following—

(a) section 81, 83 or 89 of the Children (Scotland) Act 1995 , section 59(1) or 171(2) of the Children’s Hearings (Scotland) Act 2011 or section 17(8) or 71 of the Social Work (Scotland) Act 1968 (harbouring offences);

(b) section 6 of the Child Abduction Act 1984 (taking or sending child out of the United Kingdom);

(c) section 15 of the Foster Children (Scotland) Act 1984 (offences relating to private fostering).

(7) An offence under or by virtue of section 60(3), 61(3) or 62(6) of the Social Work (Scotland) Act 1968 (offences relating to residential and other establishments).

(8) An offence in relation to a care home service, child minding or day care of children, under or by virtue of any of the following sections of the Public Services Reform (Scotland) Act 2010—

(a) section 78 (regulations: care services),

(b) section 80 (offences in relation to registration under Chapter 3), or

(c) section 81 (false statements in application under Chapter 3).

(9) An offence under section 122 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: Scotland).

Section 3 Offences in Northern Ireland

(1) An offence of rape under article 5 of the Sexual Offences (Northern Ireland) Order 2008 .

(2) An offence under section 66, 69 or 70 of the Sexual Offences Act 2003 .

(3) An offence under article 70, 73 or 74 of the Sexual Offences (Northern Ireland) Order 2008.

(4) An offence specified in Schedule 1 to the Children and Young Persons Act (Northern Ireland) Order 1968 save for any offences specified under the Criminal Law (Amendment) Act 1995 in that Schedule.

(5) An offence under article 3 of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs).

(6) An offence contrary to article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting girl under 16 to have incestuous sexual intercourse).

(7) An offence contrary to article 15 of the Criminal Justice (Evidence etc.) (Northern Ireland) Order 1988 (possession of indecent photographs of children).

(8) An offence under sections 16 to 19 of the Sexual Offences Act 2003 (abuse of position of trust).

(9) An offence under Part 3 of the Sexual Offences (Northern Ireland) Order 2008 (sexual offences against children).

(10) An offence under any of the following—

(a) article 68 or 69(9) of the Children (Northern Ireland) Order 1995 (offences relating to the abduction of a child in care),

(b) article 132 of the Children (Northern Ireland) Order 1995, or section 14 of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to child minding and day care),

(c) article 117 of the Children (Northern Ireland) Order 1995, or section 9(1) of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to private fostering), or

(d) article 79(3), 81(4), 95(3) or 97(4) of the Children (Northern Ireland) Order 1995 , or section 127(5) or 129(3) of the Children and Young Persons Act (Northern Ireland) 1968 (offences relating to voluntary homes and children’s homes).

(11) An offence contrary to section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (human trafficking).

(12) An offence contrary to section 51 of the Justice Act (Northern Ireland) 2016 (disclosing private sexual photographs and films with intent to cause distress).

Section 4 Offences in Jersey

An offence contrary to—

(a) Part 7 of the Children (Jersey) Law 1969 ,

(b) Schedule 4 to the Children (Jersey) Law 2002 , or

(c) the Day Care of Children (Jersey) Law 2002 .