PART 2CHILD MINDING AND DAY CARE FOR CHILDREN

Inspection

43Power of constable to assist in exercising powers of entry

1

A person authorised to exercise a power of entry under section 41 may apply to a court for a warrant under this section.

2

If it appears to the court that the authorised person—

a

has attempted to exercise a power conferred on that person under section 41 or 42 but has been prevented from doing so, or

b

is likely to be prevented from exercising any such power,

the court may issue a warrant authorising any constable to assist the authorised person in exercising the power, using reasonable force if necessary.

3

A warrant issued under this section must be addressed to, and executed by, a constable.

4

Schedule 11 to the Children Act 1989 (c 41) (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.

5

In this section, “court” means the High Court, a county court or a magistrates' court; but this is subject to any provision which may be made (by virtue of subsection (4)) by or under Schedule 11 to the Children Act 1989.