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Part 3E+WRegulation of Provision of Childcare in England

Chapter 5E+WCommon provisions

MiscellaneousE+W

90Cases where consent to disclosure withheldE+W

(1)This section applies where the Chief Inspector—

(a)is determining, for the purpose of deciding whether to grant an application for registration under [F1any of Chapters 2 to 4], whether the prescribed requirements for registration are satisfied and are likely to be continued to be satisfied, or

(b)is determining, for the purpose of deciding whether to cancel the registration of any person under section 68(2)(a) [F2or 69B(2)(a)], whether the prescribed requirements for registration have ceased, or will cease, to be satisfied.

(2)The Chief Inspector may, if regulations so provide and he thinks it appropriate to do so, treat the prescribed requirements for registration as not being satisfied or (as the case may be) as having ceased to be satisfied if for the purpose of his determination—

(a)the Chief Inspector has requested a person (“A”) to consent to the disclosure by another person (“B”) to the Chief Inspector of information which—

(i)relates to A,

(ii)is held by B, and

(iii)is of a prescribed description, and

(b)A does not give F3... consent or withdraws F3... consent after giving it.

Textual Amendments

F1Words in s. 90(1)(a) substituted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 59(2)(a); S.I. 2014/889, arts. 3(m), 7(e)

F2Words in s. 90(1)(b) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 59(2)(b); S.I. 2014/889, arts. 3(m), 7(e)

F3Words in s. 90(2)(b) omitted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 59(3); S.I. 2014/889, arts. 3(m), 7(e)

Commencement Information

I1S. 90 in force at 20.12.2006 for specified purposes by S.I. 2006/3360, art. 2(d)

I2S. 90 in force at 6.4.2007 in so far as not already in force by S.I. 2007/1019, art. 4