Textual Amendments
F1Sch. 26 para. 8(4)-(5B) substituted (2.9.2002 for E., 1.9.2004 for W.) for Sch. 26 para. 8(4)(5) by Education Act 2002 (c. 32), s. 216(4), Sch. 14 para. 2(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2004/1728, art. 5, Sch. Pt. 2
18(1)[F2This paragraph applies to—U.K.
(a)a registered nursery education inspector or member of the Inspectorate conducting an inspection under paragraph 6, or
(b)a member of the Inspectorate monitoring such an inspection under paragraph 17.]
[F2This paragraph applies to—
(a)the Chief Inspector for England when conducting an inspection under paragraph 6A,
(b)a registered Welsh nursery education inspector or member of the Welsh Inspectorate conducting an inspection under paragraph 6B, or
(c)a member of the Welsh Inspectorate monitoring under paragraph 17 an inspection under paragraph 6B.]
(2)A person to whom this paragraph applies shall have at all reasonable times—
(a)a right of entry to the premises at which the relevant nursery education concerned is provided; and
(b)a right to inspect, and take copies of—
(i)any records kept by the person providing that education, and
(ii)any other documents containing information relating to the provision of that education,
which he requires for the purposes of conducting or (as the case may be) monitoring the inspection.
(3)[F3Section 42 of the M1School Inspections Act 1996 (inspection of computer records for purposes of Part I of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part I of that Act.]
[F3Section 58 of the Education Act 2005 (inspection of computer records for the purposes of Part 1 of that Act) shall apply for the purposes of this paragraph as it applies for the purposes of Part 1 of that Act.]
(4)[F3It shall be an offence wilfully to obstruct a member of the Inspectorate or a registered nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6.]
[F3It shall be an offence—
(a)intentionally to obstruct the Chief Inspector for England in the exercise of his functions in relation to an inspection under paragraph 6A, or
(b)intentionally to obstruct a member of the Welsh Inspectorate or a registered Welsh nursery education inspector in the exercise of his functions in relation to an inspection under paragraph 6B.]
(5)Any person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6)In this paragraph “documents” and “records” each include information recorded in any form.
Textual Amendments
F2Sch. 26 para. 18(1) substituted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 24(2) (with s. 119); S.I. 2005/2034, art. 6
F3Sch. 26 para. 18(3)(4) substituted (3.10.2005 for E. for specified purposes) by Education Act 2005 (c. 18), s. 125(4), Sch. 7 para. 24(3) (with s. 119); S.I. 2005/2034, art. 6
Marginal Citations