Valid from 16/03/2001
Textual Amendments
F1Pt. XA (ss. 79A-79X) inserted by 2000 c. 14, ss. 79(1), 122 (the insertion coming into force at 16.3.2001 for specified purposes for E., at 1.7.2001 for specified purposes for W., at 2.7.2001 for specified purposes for E., at 1.4.2002 for specified purposes for E., at 1.4.2002 otherwise for W., at 2.9.2002 for specified purposes for E., and otherwise prosp.) by: S.I. 2001/1210, art. 2; S.I. 2001/2041, art. 2(1)(a)(2)(3) (with transitional provisions and savings in Sch); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/839, art. 2; S.I. 2002/2215, art. 2; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3))
Valid from 02/07/2001
(1)An authorised inspector may at any reasonable time enter any premises in England or Wales on which child minding or day care is at any time provided.
(2)Where an authorised inspector has reasonable cause to believe that a child is being looked after on any premises in contravention of this Part, he may enter those premises at any reasonable time.
(3)An inspector entering premises under this section may—
(a)inspect the premises;
(b)inspect, and take copies of—
(i)any records kept by the person providing the child minding or day care; and
(ii)any other documents containing information relating to its provision;
(c)seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
(d)require any person to afford him such facilities and assistance with respect to matters within the person’s control as are necessary to enable him to exercise his powers under this section;
(e)take measurements and photographs or make recordings;
(f)inspect any children being looked after there, and the arrangements made for their welfare;
(g)interview in private the person providing the child minding or day care; and
(h)interview in private any person looking after children, or living or working, there who consents to be interviewed.
(4)Section 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 subsection (3) as it applies for the purposes of Part I of that Act.
(5)The registration authority may, in any case where it appears to the authority appropriate to do so, authorise a person who is not an authorised inspector to exercise any of the powers conferred by this section.
(6)A person exercising any power conferred by this section shall, if so required, produce some duly authenticated document showing his authority to do so.
(7)It shall be an offence wilfully to obstruct a person exercising any such power.
(8)Any person guilty of an offence under subsection (7) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(9)In this section—
“authorised inspector” means a registered inspector or a person authorised by the Assembly or by any person with whom the Assembly has made arrangements under section 79T(3);
“documents" and “records" each include information recorded in any form.
Textual Amendments
F2S. 79U inserted (2.7.2001 (E.) and 1.4.2002 (W.)) by 2000 c. 14, s. 79(1); S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)
Marginal Citations
Each local authority shall, in accordance with regulations, secure the provision—
(a)of information and advice about child minding and day care; and
(b)of training for persons who provide or assist in providing child minding or day care.
Textual Amendments
F3S. 79V inserted ((E.) 16.3.2001 for certain purposes otherwise 2.7.2001 and (W.) 1.7.2001 for certain purposes otherwise 1.4.2002) by 2000 c. 14, s. 79(1); S.I. 2001/1210, art. 2(a)(xi) S.I. 2001/2041, art. 2(1)(a) (with transitional provisions and savings in Sch.); S.I. 2001/2190, art. 2, Sch.; S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)