|
| |
|
(2) | A person who is disqualified from registration by regulations under section 75 |
| |
| |
(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 |
| 5 |
provision to which this section applies. |
| |
(3) | No person may employ, in connection with the provision of early years or later |
| |
years provision to which this section applies, a person who is disqualified from |
| |
registration by regulations under section 75. |
| |
(4) | A person who contravenes subsection (2) or (3) commits an offence. |
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(5) | A person who contravenes subsection (2) is not guilty of an offence under |
| |
| |
(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 |
| 15 |
believing, that he was living— |
| |
(i) | in the same household as a person who was disqualified from |
| |
| |
(ii) | in a household in which such a person was employed. |
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(6) | A person who contravenes subsection (3) is not guilty of an offence under |
| 20 |
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 |
| |
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 |
| 25 |
exceeding level 5 on the standard scale, or to both. |
| |
(8) | In relation to an offence committed before the commencement of section 281(5) |
| |
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 |
| |
| 30 |
| |
| |
(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 |
| 35 |
provided on the premises in breach of section 33(1), 34(1), 52(1) or 53(1). |
| |
(2) | A person authorised for the purposes of this subsection by the Chief Inspector |
| |
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— |
| 40 |
(a) | for the purpose of conducting an inspection under section 49 or 60, or |
| |
(b) | for the purpose of determining whether any conditions or |
| |
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; |
| 45 |
|
| |
|
| |
|
(b) | may be given subject to conditions. |
| |
(4) | A person entering premises under this section may (subject to any conditions |
| |
imposed under subsection (3)(b))— |
| |
(a) | inspect the premises; |
| |
(b) | inspect, and take copies of— |
| 5 |
(i) | any records kept by the person providing the childcare, and |
| |
(ii) | any other documents containing information relating to that |
| |
| |
(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 |
| 10 |
failure to comply with any condition or requirement imposed by or |
| |
| |
(d) | take measurements and photographs or make recordings; |
| |
(e) | inspect any children being cared for there, and the arrangements made |
| |
| 15 |
(f) | interview in private the childcare provider; |
| |
(g) | interview in private any person caring for children, or living or |
| |
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 |
| 20 |
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. |
| |
(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. |
| 25 |
(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. |
| |
(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 |
| 30 |
conviction to a fine not exceeding level 4 on the standard scale. |
| |
(10) | In this section, “documents” and “records” each include information recorded |
| |
| |
78 | Requirement for consent to entry |
| |
(1) | This section applies where a person (“the authorised person”) proposes to |
| 35 |
enter domestic premises in pursuance of— |
| |
(a) | provision made by virtue of section 42(1) and (4) in a learning and |
| |
development order specifying assessment arrangements in relation to |
| |
early years provision, or |
| |
(b) | a power of entry conferred by section 77(2). |
| 40 |
(2) | If the authorised person has reasonable cause to believe— |
| |
(a) | that the premises are not the home of the person providing the early |
| |
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, |
| 45 |
|
| |
|
| |
|
| the authorised person may not enter the premises without the consent of an |
| |
adult who is an occupier of the premises. |
| |
(3) | Subsection (2) does not prevent the imposition under section 38, 58 or 66 of a |
| |
condition requiring a person registered under Chapter 2, 3 or 4 to secure that |
| |
the occupier of any premises on which the registered person provides early |
| 5 |
years provision or later years provision gives any consent required by that |
| |
| |
| |
“a learning and development order” means an order under section |
| |
| 10 |
“occupier” does not include the person providing the early years or later |
| |
| |
| |
| |
(1) | This section applies if, following inspections under this Part of early years or |
| 15 |
later years provision, the Chief Inspector— |
| |
(a) | is required to make more than one report under section 50(1) or |
| |
determines to make more than one report under section 61(1), or |
| |
(b) | is required to make one or more reports under section 50(1) and |
| |
determines to make one or more reports under section 61(1). |
| 20 |
(2) | If the Chief Inspector considers it appropriate, he may— |
| |
(a) | combine any two or more of those reports in a single document (“a |
| |
| |
(b) | to such extent as he considers appropriate, combine the substantive |
| |
| 25 |
(3) | If the Chief Inspector combines reports under this section, the powers and |
| |
duties which apply in relation to each report by virtue of section 50(2) or 61(2) |
| |
are to be read as applying instead to the combined report. |
| |
80 | Information to be included in annual reports |
| |
(1) | The annual reports of the Chief Inspector required by section 3(a) of the |
| 30 |
Education Act 2005 (c. 18) to be made to the Secretary of State must include an |
| |
account of the exercise of the Chief Inspector’s functions under this Part in |
| |
relation to early years provision and later years provision. |
| |
(2) | The power conferred on the Chief Inspector by section 3(b) of that Act includes |
| |
a power to make reports with respect to matters which fall within the scope of |
| 35 |
his functions by virtue of the provisions of this Part relating to early years |
| |
provision and later years provision. |
| |
81 | Supply of information to Chief Inspector |
| |
The Chief Inspector may at any time require any person registered under this |
| |
Part to provide him with any information connected with the person’s |
| 40 |
activities as an early years provider or later years provider which the Chief |
| |
Inspector considers it necessary to have for the purposes of his functions under |
| |
| |
|
| |
|
| |
|
82 | Supply of information to HMRC and local authorities |
| |
(1) | The Chief Inspector must provide prescribed information to Her Majesty’s |
| |
Revenue and Customs, and the relevant local authority, if he takes any of the |
| |
following steps under this Part— |
| |
(a) | grants a person’s application for registration; |
| 5 |
(b) | gives notice of his intention to cancel a person’s registration; |
| |
(c) | cancels a person’s registration; |
| |
(d) | suspends a person’s registration; |
| |
(e) | removes a person from the register at that person’s request. |
| |
(2) | The Chief Inspector must also provide prescribed information to Her Majesty’s |
| 10 |
Revenue and Customs, and the relevant local authority, if an order is made |
| |
| |
(3) | The information which may be prescribed for the purposes of this section is— |
| |
(a) | in the case of information to be provided to Her Majesty’s Revenue and |
| |
Customs, information which Her Majesty’s Revenue and Customs may |
| 15 |
require for the purposes of their functions in relation to tax credits; |
| |
(b) | in the case of information to be provided to the relevant local authority, |
| |
information which would assist the local authority in the discharge of |
| |
their functions under section 12. |
| |
(4) | In this section, “the relevant local authority” means the English local authority |
| 20 |
for the area in which the person provides (or, as the case may be, has provided) |
| |
the early years provision or later years provision in respect of which he is (or |
| |
| |
83 | Disclosure of information for certain purposes |
| |
(1) | The Chief Inspector may arrange for prescribed information held by him in |
| 25 |
relation to persons registered under this Part to be made available for the |
| |
| |
(a) | assisting parents or prospective parents in choosing an early years or |
| |
| |
(b) | protecting children from harm or neglect. |
| 30 |
(2) | The information may be made available in such manner and to such persons as |
| |
the Chief Inspector considers appropriate. |
| |
(3) | Regulations may require the Chief Inspector to provide prescribed information |
| |
held by him in relation to persons registered under this Part to prescribed |
| |
persons for either of the purposes mentioned in subsection (1). |
| 35 |
Offences and criminal proceedings |
| |
84 | Offence of making false or misleading statement |
| |
(1) | A person commits an offence if, in an application for registration under any of |
| |
Chapters 2 to 4, he knowingly makes a statement which is false or misleading |
| |
in a material particular. |
| 40 |
(2) | A person guilty of an offence under subsection (1) is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| |
|
| |
|