s 5 The following Schedule shall be inserted in the 1989 Act after Schedule 9— SCHEDULE 9A Child Minding and Day Care for Young Children
(1) If any person— (a) acts as a child minder at any time when he is disqualified for registration for child minding; or (b) contravenes any of sub-paragraphs (3) to (5) of paragraph 4, he shall be guilty of an offence. (2) Where a person contravenes sub-paragraph (3) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person in question was living or employed in the household. (3) Where a person contravenes sub-paragraph (5) of paragraph 4, he shall not be guilty of an offence under this paragraph if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified. (4) A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.