Moved by
Lord Nash
240A: Schedule 4, page 175, line 21, at end insert—
“( ) Regulations by virtue of subsection (1) which make provision about the suspension of the registration of an early years provider or a later years provider with a childminder agency must include provision conferring on the registered provider a right of appeal to the Tribunal against suspension.”
240B: Schedule 4, page 178, line 17, leave out sub-paragraph (3)
240C: Schedule 4, page 178, line 24, leave out sub-paragraph (4)
240D: Schedule 4, page 179, line 32, leave out “member,”
240E: Schedule 4, page 179, line 32, after “of” insert “, or partner in,”
240F: Schedule 4, page 179, line 34, leave out “or otherwise work for such an agency.” and insert “be a member of the governing body of such an agency, or otherwise be directly concerned in the management of such an agency, or”
240G: Schedule 4, page 179, line 34, at end insert—
“(d) work for such an agency in any capacity which involves entering premises on which early years provision or later years provision is being provided.”
240H: Schedule 4, page 179, line 34, at end insert—
“(1A) No early years childminder agency or later years childminder agency may employ a person who is disqualified from registration by regulations under section 76A in any capacity which involves—
(a) being directly concerned in the management of an early years childminder agency or a later years childminder agency, or
(b) entering premises on which early years provision or later years provision is being provided.”
240J: Schedule 4, page 179, leave out lines 35 to 40
240K: Schedule 4, page 179, line 41, leave out “(2)” and insert “(1A)”
240L: Schedule 4, page 179, line 41, at end insert—
“( ) A person (“P”) who contravenes subsection (1A) is not guilty of an offence under subsection (3) if P proves that P did not know, and had no reasonable grounds for believing, that the person whom P was employing was disqualified from registration.”
240M: Schedule 4, page 181, line 33, leave out “member,”
240N: Schedule 4, page 181, line 33, after “of” insert “, or partner in,”
240P: Schedule 4, page 181, line 34, after “agency,” insert “a member of its governing body or otherwise directly concerned in the management of the agency,”
240Q: Schedule 4, page 183, line 20, at end insert—
“ (1) Section 87 (offences by bodies corporate) is amended as follows.
(1) In subsection (1) for “This section” substitute “Subsection (2)”.
(2) After subsection (2) insert—
“(3) Subsection (4) applies where any offence under this Part is committed by a partnership.
(4) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, that partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.”
(3) In the title, at the end insert (and partnerships”.”