Childcare Act 2006

44Instruments specifying learning and development or welfare requirementsE+W

(1)A relevant instrument may, instead of containing the provisions to be made, refer to provisions in a document [F1published by a person, and in the manner, specified] in the instrument and direct that those provisions are to have effect or, as the case may be, are to have effect as specified in the instrument.

(2)The power to make a relevant instrument may be exercised so as to confer powers or impose duties on the Chief Inspector [F2or early years childminder agencies] in the exercise of F3... functions under this Part.

(3)In particular, that power may be exercised so as to require or authorise the Chief Inspector [F4or early years childminder agencies], in exercising those functions, to have regard to factors, standards and other matters prescribed by or referred to in the instrument.

(4)If a relevant instrument requires any person (other than the Chief Inspector) to have regard to or meet factors, standards and other matters prescribed by or referred to in the instrument, the instrument may also provide for any allegation that the person has failed to do so to be taken into account—

(a)by the Chief Inspector in the exercise of his functions under this Part,

[F5(aa)by early years childminder agencies in the exercise of functions under this Part,] or

(b)in any proceedings under this Part.

(5)In this section “a relevant instrument” means an order under subsection (1)(a) of section 39 or regulations under subsection (1)(b) of that section.