|
| |
|
(a) | the Chief Inspector has sent the person a notice (in pursuance of section |
| |
72(7)) of his decision to cancel his registration, and |
| |
(b) | the time within which an appeal under section 73 may be brought has |
| |
not expired or, if such an appeal has been brought, it has not been |
| |
| 5 |
(5) | Subsections (3) and (4) do not apply if the person is seeking removal from Part |
| |
B of the general childcare register. |
| |
70 | Termination of voluntary registration on expiry of prescribed period |
| |
Regulations may make provision requiring the Chief Inspector to remove a |
| |
registered person from Part B of the general childcare register on the expiry of |
| 10 |
a prescribed period of time from the date of his registration. |
| |
Cancellation etc. in an emergency |
| |
71 | Protection of children in an emergency |
| |
(1) | In relation to a person registered under Chapter 2, 3 or 4, the Chief Inspector |
| |
may apply to a justice of the peace for an order— |
| 15 |
(a) | cancelling the person’s registration; |
| |
(b) | varying or removing a condition to which his registration is subject; |
| |
(c) | imposing a new condition on his registration. |
| |
(2) | If it appears to the justice that a child for whom early years provision or later |
| |
years provision is being or may be provided by that person is suffering or is |
| 20 |
likely to suffer significant harm, the justice may make the order. |
| |
(3) | An application under subsection (1) may be made without notice. |
| |
(4) | An order under subsection (2)— |
| |
(a) | must be made in writing, and |
| |
(b) | has effect from the time when it is made. |
| 25 |
(5) | If an order is made under subsection (2), the Chief Inspector must serve on the |
| |
registered person as soon as is reasonably practicable after the making of the |
| |
| |
| |
(b) | a copy of any written statement in support of the application for the |
| 30 |
| |
(c) | notice of any right of appeal conferred by section 73. |
| |
(6) | The documents mentioned in subsection (5) may be served on the registered |
| |
| |
(a) | delivering them to him, or |
| 35 |
(b) | sending them by post. |
| |
(7) | For the purposes of this section, “harm” has the same meaning as in the |
| |
Children Act 1989 (c. 41) and the question of whether harm is significant is to |
| |
be determined in accordance with section 31(10) of that Act. |
| |
|
| |
|
| |
|
Registration - procedural safeguards |
| |
72 | Procedure for taking certain steps |
| |
(1) | This section applies if the Chief Inspector proposes to take any of the following |
| |
| |
(a) | refuse an application for registration; |
| 5 |
(b) | impose a new condition on a person’s registration; |
| |
(c) | vary or remove any condition imposed on a person’s registration; |
| |
(d) | refuse to grant an application for the variation or removal of any such |
| |
| |
(e) | cancel a person’s registration. |
| 10 |
(2) | The Chief Inspector must give to the applicant or (as the case may be) the |
| |
registered person notice of his intention to take the step in question. |
| |
| |
(a) | give the Chief Inspector’s reasons for proposing to take the step, and |
| |
(b) | inform the person concerned of his rights under this section. |
| 15 |
(4) | The Chief Inspector may not take the step until the end of the period of 14 days |
| |
beginning with the day on which he gives notice under subsection (2) unless |
| |
the applicant or (as the case may be) the registered person notifies the Chief |
| |
Inspector that he does not wish to object to the step being taken. |
| |
(5) | If the recipient of a notice under subsection (2) gives notice to the Chief |
| 20 |
Inspector that he wishes to object to the step being taken, the Chief Inspector |
| |
must give him an opportunity to object before deciding whether to take the |
| |
| |
(6) | An objection made in pursuance of subsection (5) may be made orally or in |
| |
writing and in either case may be made by the recipient or his representative. |
| 25 |
(7) | If the Chief Inspector decides to take the step, he must give the person notice |
| |
of his decision (whether or not the person informed the Chief Inspector that he |
| |
wished to object to the step being taken). |
| |
(8) | The taking of a step mentioned in paragraph (b), (c) or (e) of subsection (1) does |
| |
| 30 |
(a) | the expiry of the time within which an appeal may be brought under |
| |
| |
(b) | if such an appeal is brought, the time when the appeal is determined |
| |
(and the taking of the step is confirmed). |
| |
(9) | Subsection (8) does not prevent such a step having effect before the expiry of |
| 35 |
the time within which an appeal may be brought if the person concerned |
| |
notifies the Chief Inspector that he does not intend to appeal. |
| |
(10) | If the Chief Inspector gives notice to an applicant for registration under |
| |
Chapter 2 or 3 that he intends to refuse his application, the application may not |
| |
be withdrawn without the consent of the Chief Inspector. |
| 40 |
(11) | In this section and in section 73, “a new condition” means a condition imposed |
| |
otherwise than at the time of the person’s registration. |
| |
|
| |
|
| |
|
| |
(1) | An applicant for registration or (as the case may be) a registered person may |
| |
appeal to the Tribunal against the taking of any of the following steps by the |
| |
Chief Inspector under this Part— |
| |
(a) | the refusal of his application for registration; |
| 5 |
(b) | the imposition of a new condition on his registration; |
| |
(c) | the variation or removal of any condition imposed on his registration; |
| |
(d) | the refusal of an application to vary or remove any such condition; |
| |
(e) | the cancellation of his registration. |
| |
(2) | An applicant for registration or (as the case may be) a registered person may |
| 10 |
also appeal to the Tribunal against any other determination made by the Chief |
| |
Inspector under this Part which is of a prescribed description. |
| |
(3) | A person against whom an order is made under section 71(2) may appeal to the |
| |
Tribunal against the making of the order. |
| |
(4) | On an appeal the Tribunal must either— |
| 15 |
(a) | confirm the taking of the step, the making of the other determination or |
| |
the making of the order (as the case may be), or |
| |
(b) | direct that it shall not have, or shall cease to have, effect. |
| |
(5) | Unless the Tribunal has confirmed the taking of a step mentioned in subsection |
| |
(1)(a) or (e) or the making of an order under section 71(2) cancelling a person’s |
| 20 |
registration, the Tribunal may also do either or both of the following— |
| |
(a) | impose conditions on the registration of the person concerned; |
| |
(b) | vary or remove any condition previously imposed on his registration. |
| |
Disqualification from registration |
| |
74 | Disqualification from registration |
| 25 |
(1) | In this section, “registration” means registration under Chapters 2, 3 and 4. |
| |
(2) | Regulations may provide for a person to be disqualified from registration. |
| |
(3) | The regulations may, in particular, provide for a person to be disqualified from |
| |
| |
(a) | he is included in the list kept under section 1 of the Protection of |
| 30 |
Children Act 1999 (c. 14); |
| |
(b) | he is subject to a direction under section 142 of the Education Act 2002 |
| |
(c. 32) on the grounds that he is unsuitable to work with children; |
| |
(c) | an order of a prescribed kind has been made at any time with respect to |
| |
| 35 |
(d) | an order of a prescribed kind has been made at any time with respect to |
| |
a child who has been in his care; |
| |
(e) | a requirement of a prescribed kind has been imposed at any time with |
| |
respect to such a child, under or by virtue of any enactment; |
| |
(f) | he has at any time been refused registration under Chapter 2, 3 or 4 of |
| 40 |
this Part of this Act or under Part 10 or Part 10A of the Children Act |
| |
1989 (c. 41) or had any such registration cancelled; |
| |
(g) | he has been convicted of an offence of a prescribed kind or has been |
| |
discharged absolutely or conditionally for such an offence; |
| |
|
| |
|
| |
|
(h) | he has at any time been disqualified from fostering a child privately |
| |
(within the meaning of the Children Act 1989 (c. 41)); |
| |
(i) | a prohibition has been imposed on him at any time under section 69 of |
| |
the Children Act 1989, section 10 of the Foster Children (Scotland) Act |
| |
1984 (c. 56) or any prescribed enactment; |
| 5 |
(j) | his rights and powers with respect to a child have at any time been |
| |
vested in a prescribed authority under a prescribed enactment. |
| |
(4) | Regulations may provide for a person to be disqualified from registration if— |
| |
(a) | he lives in the same household as another person who is disqualified |
| |
| 10 |
(b) | he lives in a household in which any such person is employed. |
| |
(5) | Regulations under subsection (2) or (4) may provide for a person not to be |
| |
disqualified from registration (and in particular may provide for a person not |
| |
to be disqualified from registration for the purposes of section 75) by reason of |
| |
any fact which would otherwise cause him to be disqualified if— |
| 15 |
(a) | he has disclosed the fact to the Chief Inspector, and |
| |
(b) | the Chief Inspector has consented in writing to the person’s not being |
| |
disqualified from registration and has not withdrawn his consent. |
| |
(6) | In this section, “enactment” means any enactment having effect at any time in |
| |
any part of the United Kingdom. |
| 20 |
(7) | A conviction in respect of which a probation order was made before 1st |
| |
October 1992 (which would not otherwise be treated as a conviction) is to be |
| |
treated as a conviction for the purposes of this section. |
| |
75 | Consequences of disqualification |
| |
(1) | This section applies to— |
| 25 |
(a) | early years provision in respect of which the provider is required by |
| |
section 33(1) or 34(1) to be registered, |
| |
(b) | early years provision in respect of which, but for section 34(2), the |
| |
provider would be required to be registered, |
| |
(c) | later years provision in respect of which the provider is required by |
| 30 |
section 51(1) or 52(1) to be registered, and |
| |
(d) | later years provision in respect of which, but for section 52(2), the |
| |
provider would be required to be registered. |
| |
(2) | A person who is disqualified from registration by regulations under section 74 |
| |
| 35 |
(a) | provide early years or later years provision to which this section |
| |
| |
(b) | be directly concerned in the management of early years or later years |
| |
provision to which this section applies. |
| |
(3) | No person may employ, in connection with the provision of early years or later |
| 40 |
years provision to which this section applies, a person who is disqualified from |
| |
registration by regulations under section 74. |
| |
(4) | A person who contravenes subsection (2) or (3) commits an offence. |
| |
(5) | A person who contravenes subsection (2) is not guilty of an offence under |
| |
| 45 |
|
| |
|
| |
|
(a) | he is disqualified from registration by virtue only of regulations under |
| |
| |
(b) | he proves that he did not know, and had no reasonable grounds for |
| |
believing, that he was living— |
| |
(i) | in the same household as a person who was disqualified from |
| 5 |
| |
(ii) | in a household in which such a person was employed. |
| |
(6) | A person who contravenes subsection (3) is not guilty of an offence under |
| |
subsection (4) if he proves that he did not know, and had no reasonable |
| |
grounds for believing, that the person whom he was employing was |
| 10 |
disqualified from registration. |
| |
(7) | A person guilty of an offence under subsection (6) is liable on summary |
| |
conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not |
| |
exceeding level 5 on the standard scale, or to both. |
| |
(8) | In relation to an offence committed before the commencement of section 281(5) |
| 15 |
of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary |
| |
offences), the reference in subsection (7) to 51 weeks is to be read as a reference |
| |
| |
| |
| 20 |
(1) | A person authorised for the purposes of this subsection by the Chief Inspector |
| |
may at any reasonable time enter any premises in England if he has reasonable |
| |
cause to believe that early years provision or later years provision is being |
| |
provided on the premises in breach of section 33(1), 34(1), 51(1) or 52(1). |
| |
(2) | A person authorised for the purposes of this subsection by the Chief Inspector |
| 25 |
may at any reasonable time enter any premises in England on which early |
| |
years provision or later years provision in respect of which a person is |
| |
registered under this Part is being provided— |
| |
(a) | for the purpose of conducting an inspection under section 48 or 59, or |
| |
(b) | for the purpose of determining whether any conditions or |
| 30 |
requirements imposed by or under this Part are being complied with. |
| |
(3) | Authorisation under subsection (1) or (2)— |
| |
(a) | may be given for a particular occasion or period; |
| |
(b) | may be given subject to conditions. |
| |
(4) | A person entering premises under this section may (subject to any conditions |
| 35 |
imposed under subsection (3)(b))— |
| |
(a) | inspect the premises; |
| |
(b) | inspect, and take copies of— |
| |
(i) | any records kept by the person providing the childcare, and |
| |
(ii) | any other documents containing information relating to that |
| 40 |
| |
(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 |
| |
| 45 |
|
| |
|
| |
|
(d) | take measurements and photographs or make recordings; |
| |
(e) | inspect any children being cared for there, and the arrangements made |
| |
| |
(f) | interview in private the childcare provider; |
| |
(g) | interview in private any person caring for children, or living or |
| 5 |
working, on the premises who consents to be interviewed. |
| |
(5) | A person entering premises under this section may (subject to any conditions |
| |
imposed under subsection (3)(b)) 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. |
| 10 |
(6) | Section 58 of the Education Act 2005 (c. 18) (inspection of computer records for |
| |
the purposes of Part 1 of that Act) applies for the purposes of this section as it |
| |
applies for the purposes of Part 1 of that Act. |
| |
(7) | A person exercising any power conferred by this section must, if so required, |
| |
produce a duly authenticated document showing his authority to do so. |
| 15 |
(8) | A person commits an offence if he intentionally obstructs a person exercising |
| |
any power under this section. |
| |
(9) | A person guilty of an offence under subsection (8) is liable on summary |
| |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
(10) | In this section, “documents” and “records” each include information recorded |
| 20 |
| |
77 | Requirement for consent to entry |
| |
(1) | This section applies where a person (“the authorised person”) proposes to |
| |
enter domestic premises in pursuance of— |
| |
(a) | provision made by virtue of section 42(1) and (4) in a learning and |
| 25 |
development order specifying assessment arrangements in relation to |
| |
early years provision, or |
| |
(b) | a power of entry conferred by section 76(2). |
| |
(2) | If the authorised person has reasonable cause to believe— |
| |
(a) | that the premises are not the home of the person providing the early |
| 30 |
years or later years provision, or |
| |
(b) | that the premises are the home of a child for whom the early years or |
| |
later years provision is provided, |
| |
| the authorised person may not enter the premises without the consent of an |
| |
adult who is an occupier of the premises. |
| 35 |
| |
“a learning and development order” means an order under section |
| |
| |
“occupier” does not include the person providing the early years or later |
| |
| 40 |
|
| |
|