Commentary on Sections and Schedules Part 4 – Miscellaneous and General Section 102:  Disqualification for registration under Children Act 1989
192.Section 102 amends paragraph 4 of Schedule 9A to the Children Act 1989 which allows for regulations to be made disqualifying certain people from registration for day care or childminding and sets out a list of particular areas that such regulations may cover. Section 102(2)(a) amends the list so that persons may be disqualified by regulations on the basis that they are subject to a direction under section 142 of the Education Act 2002 on grounds relating to health. (Currently the legislation refers only to persons who are subject to such a direction on grounds that they are unsuitable to work with children.) Section 102(2)(b) further amends the list so that persons may be disqualified by regulations where they have been given a caution for a prescribed offence. Section 102(3) makes a further amendment to provide that, for this purpose, ‘caution’ includes a reprimand or warning within the meaning of section 65 of the Crime and Disorder Act 1998.