Part XE+W+S Child Minding and Day Care for Young Children

Extent Information

E1Pt. X and Sch. 9: By 2000 c. 14, s. 79(5) it is provided (2.7.2001 (E.) and 1.4.2002 (W.) and otherwiseprosp.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in Sch); S.I. 2002/920, art. 3(3)(b) (subject to transitional provisions in Schs. 1-3)

76 Inspection.E+W+S

(1)Any person authorised to do so by a local authority may at any reasonable time enter—

(a)any domestic premises within the authority’s area on which child minding is at any time carried on; or

(b)any premises within their area on which day care for children under the age of eight is at any time provided.

(2)Where a local authority have reasonable cause to believe that a child is being looked after on any premises within their area in contravention of this Part, any person authorised to do so by the authority may enter those premises at any reasonable time.

(3)Any person entering premises under this section may inspect—

(a)the premises;

(b)any children being looked after on the premises;

(c)the arrangements made for their welfare; and

(d)any records relating to them which are kept as a result of this Part.

(4)Every local authority shall exercise their power to inspect the premises mentioned in subsection (1) at least once every year.

(5)Any person inspecting any records under this section—

(a)shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is, or has been, in use in connection with the records in question; and

(b)may require—

(i)the person by whom or on whose behalf the computer is or has been so used; or

(ii)any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

(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)Any person who intentionally obstructs another in the exercise of any such power shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Modifications etc. (not altering text)

C1Pt. X (ss. 71-79) and Sch. 9: By 2000 c. 14, ss. 79(5), 122 it is provided (2.7.2001 (E.) otherwiseprosp.) that Pt. X and Sch. 9 shall cease to extend to England and Wales; S.I. 2001/2041, art. 2(1)(c) (with transitional provisions and savings in the Sch.)

Commencement Information

I1S. 76 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828 ,art. 3(2)