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Childcare Act 2006 (c. 21)(The document as of February, 2008) Page 5 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 (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 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) take measurements and photographs or make recordings; (e) inspect any children being cared for there, and the arrangements made for their welfare; (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 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. (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 conviction to a fine not exceeding level 4 on the standard scale. (10) In this section, "documents" and "records" each include information recorded in any form. 78 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 development order specifying assessment arrangements in relation to early years provision, or (b) a power of entry conferred by section 77(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 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. (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 years provision or later years provision gives any consent required by that subsection. (4) In this section--
79 Power of constable to assist in exercise of powers of entry(1) A person authorised for the purpose of subsection (1) or (2) of section 77 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 him by section 77 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 that person in the exercise of 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. Reports and information80 Combined reports(1) This section applies if, following inspections under this Part of early years or 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). (2) If the Chief Inspector considers it appropriate, he may-- (a) combine any two or more of those reports in a single document ("a combined report"), and (b) to such extent as he considers appropriate, combine the substantive reports. (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. 81 Information to be included in annual reports(1) The annual reports of the Chief Inspector required by section 3(a) of the 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 his functions by virtue of the provisions of this Part relating to early years provision and later years provision. 82 Supply of information to Chief InspectorThe Chief Inspector may at any time require any person registered under this Part to provide him with any information connected with the person's 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 this Part. 83 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; (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 Revenue and Customs, and the relevant local authority, if an order is made under section 72(2). (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 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 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 was) registered. 84 Disclosure of information for certain purposes(1) The Chief Inspector may arrange for prescribed information held by him in relation to persons registered under this Part to be made available for the purpose of--41 (a) assisting parents or prospective parents in choosing an early years or later years provider, or (b) protecting children from harm or neglect. (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). Offences and criminal proceedings85 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. (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. 86 Time limit for proceedings(1) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings comes to his knowledge. (2) No such proceedings may be brought by virtue of subsection (1) more than three years after the commission of the offence. 87 Offences by bodies corporate(1) This section applies where any offence under this Part is committed by a body corporate. (2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly. 88 Unincorporated associations(1) Proceedings for an offence under this Part which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in the name of any of its members). (2) For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate. (3) In proceedings for an offence under this Part brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate. (4) A fine imposed on an unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the association. (5) If an offence under this Part by an unincorporated association is shown-- (a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or (b) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly. Miscellaneous89 Fees(1) Regulations may require persons registered under any of Chapters 2 to 4 to pay to the Chief Inspector at or by prescribed times fees of the prescribed amounts in respect of the discharge by the Chief Inspector of his functions under this Part. (2) Regulations under subsection (1) may prescribe circumstances in which-- (a) the amount of a fee payable under the regulations may be varied in accordance with the regulations; (b) a fee payable under the regulations may be waived. 90 Cases where consent to disclosure withheld(1) This section applies where the Chief Inspector-- (a) is determining, for the purpose of deciding whether to grant an application for registration under Chapter 2, 3 or 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), 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 his consent or withdraws his consent after giving it. 91 Co-operation between authorities(1) If it appears to the Chief Inspector that any English local authority could, by taking any specified action, help in the exercise of any of his functions under this Part, he may request the help of the authority, specifying the action in question. (2) An authority whose help is requested must comply with the request if it is compatible with their own statutory and other duties and does not unduly prejudice the discharge of any of their functions. 92 Combined certificates of registration(1) This section applies if the Chief Inspector is required by virtue of this Part to issue more than one certificate of registration to a person. (2) If the Chief Inspector considers it appropriate, he may combine any two or more of those certificates in a single certificate (a combined certificate). (3) A combined certificate of registration must contain prescribed information about prescribed matters. (4) If there is a change of circumstances which requires the amendment of a combined certificate of registration, the Chief Inspector must give the registered person an amended combined certificate. (5) If the Chief Inspector is satisfied that a combined certificate of registration has been lost or destroyed, the Chief Inspector must give the registered person a copy, on payment by that person of any prescribed fee. 93 Notices(1) This section applies in relation to notices required or authorised to be given to any person by any of the following-- (a) section 57(1) and (2); (b) section 65(1) and (2); (c) section 70(1); (d) section 73(2), (4), (5), (7) and (9). (2) The notice may be given to the person in question-- (a) by delivering it to him, (b) by sending it by post, or (c) subject to subsection (3), by transmitting it electronically. (3) If the notice is transmitted electronically, it is to be treated as given only if the requirements of subsection (4) or (5) are met. (4) If the person required or authorised to give the notice is the Chief Inspector-- (a) the person to whom the notice is required or authorised to be given must have indicated to the Chief Inspector his willingness to receive notices transmitted by electronic means and provided an address suitable for that purpose, and (b) the notice must be sent to the address provided by him. (5) If the person required or authorised to give the notice is not the Chief Inspector, the notice must be transmitted in such manner as the Chief Inspector may require. (6) An indication given for the purposes of subsection (4) may be given generally for the purposes of notices required or authorised to be given by the Chief Inspector under this Part or may be limited to notices of a particular description. (7) A requirement imposed by the Chief Inspector under subsection (5) must be published in such manner as the Chief Inspector thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it. (8) In relation to the taking of a step mentioned in subsection (1)(b) or (c) of section 73, notification authorised to be given to the Chief Inspector under subsection (4) or (9) of that section may be given orally to a person authorised by the Chief Inspector to receive such notification (as well as by any of the methods mentioned in subsection (2)). 94 Power to amend Part 3: applications in respect of multiple premisesThe Secretary of State may by order-- (a) amend this Part so as to enable an application for registration under section 36(1), 55(1) or 63(1) to be made in respect of more than one set of premises, and (b) make such further amendments of this Part as appear to him to be necessary or expedient in consequence of the amendments made by virtue of paragraph (a). 95 Certain institutions not to be regarded as schools(1) Section 4 of the Education Act 1996 (c. 56) (schools: general) is amended as follows. (2) In subsection (1) after "In this Act" insert "(subject to subsection (1A))". (3) After subsection (1) insert-- " (1A) An institution which-- (a) provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and (b) is not a maintained nursery school, is not a school. " Interpretation96 Meaning of early years and later years provision etc.(1) This section applies for the purposes of this Part. (2) "Early years provision" means the provision of childcare for a young child. (3) "Early years provider" means a person who provides early years provision. (4) Subject to subsection (5), "early years childminding" means early years provision on domestic premises for reward (and "early years childminder" is to be read accordingly). (5) Early years provision on domestic premises for reward is not early years childminding if at any time the number of persons providing the early years provision on the premises or assisting with the provision exceeds three. (6) "Later years provision", in relation to a child, means the provision of childcare at any time during the period-- (a) beginning with the 1st September next following the date on which he attains the age of five, and (b) ending with such day as may be prescribed. (7) "Later years provider" means a person who provides later years provision. (8) Subject to subsection (9), "later years childminding" means later years provision on domestic premises for reward (and "later years childminder" is to be read accordingly). (9) Later years provision on domestic premises for reward is not later years childminding if at any time the number of persons providing the later years provision on the premises or assisting with the provision exceeds three. 97 Employees not to be regarded as providing childcare(1) This section applies for the purposes of this Part. (2) Where an individual ("the employee") is employed to care for a child by a person who provides early years provision or later years provision for the child, the employee is not to be regarded as providing early years provision or (as the case may be) later years provision by virtue of anything done by him in the course of that employment. 98 Interpretation of Part 3(1) In this Part--
(2) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) (references to service by post), a notice or order which may by virtue of any provision of this Part be sent by post to an applicant for registration or to a registered person is to be treated as properly addressed if it is addressed to him at the address notified by him to the Chief Inspector as the address to which correspondence to him should be sent. Part 4 Miscellaneous and GeneralProvision of information about children99 Provision of information about young children: England(1) Regulations may make provision, in relation to England, requiring-- (a) a person registered as an early years provider under Chapter 2 of Part 3, and (b) a person who provides early years provision in respect of which, but for section 34(2) (exemption for provision for children aged 3 or over at certain schools), he would be required to be registered under that Chapter, to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), "the relevant person" means one or more of the following-- (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information-- (a) to the Secretary of State, or (b) to any prescribed person. (4) The Secretary of State may provide any individual child information-- (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator-- (a) may provide any individual child information-- (i) to the Secretary of State, or (ii) to any other information collator, and (b) may at such times as the Secretary of State may determine or in prescribed circumstances provide such individual child information as may be prescribed-- (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to-- (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section--
100 Provision of information about young children: transitory provision(1) Section 99 has effect with the modifications specified in subsections (2) and (3) until section 7 comes into force. (2) In subsection (1)-- (a) after "requiring" insert "a person who provides funded nursery education", and (b) omit paragraphs (a) and (b). (3) In subsection (9)-- (a) for the definition of "early years provision" substitute-- " "funded nursery education" means nursery education, within the meaning of Part 5 of the School Standards and Framework Act 1998 (c. 31), which is provided by any person-- (a) under arrangements made with that person by a local education authority in England in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and (b) in consideration of financial assistance provided by the authority under those arrangements, other than such education provided by a school for its pupils; " , (b) for the definition of "individual child information" substitute--
(c) in the definition of "information collator" for "early years provision" substitute "funded nursery education". 101 Provision of information about children: Wales(1) Regulations may make provision, in relation to Wales, requiring-- (a) a person who is registered under Part 10A of the Children Act 1989 (c. 41) to provide child minding or day care, and (b) a person who provides funded nursery education, to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), "the relevant person" means one or more of the following-- (a) the Assembly, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Assembly may require that person to provide any such information-- (a) to the Assembly, or (b) to any prescribed person. (4) The Assembly may provide any individual child information-- (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator-- (a) may provide any individual child information-- (i) to the Assembly, or (ii) to any other information collator, and (b) may at such times as the Assembly may determine or in prescribed circumstances provide such individual child information as may be prescribed-- (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Assembly or an information collator) may provide that information to-- (a) the Assembly, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Assembly is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Assembly. (9) In this section--
Disqualification for registration under Children Act 1989102 Disqualification for registration under Children Act 1989(1) Paragraph 4 of Schedule 9A to the Children Act 1989 (c. 41) (disqualification for registration) is amended as follows. (2) In sub-paragraph (2)-- Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 -- Back --
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