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The Childcare Act 2006 (Commencement No. 5 and Savings and Transitional Provisions) Order 2008

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Notice of intention to take steps under section 79L(1)(b) to (d) of the 1989 Act

17.—(1) This paragraph applies where—

(a)a person is registered in accordance with this Schedule;

(b)the Chief Inspector has, before the transfer date, sent a notice to the person of intention to take one of the steps mentioned in section 79L(1)(b) to (d)(1) of the 1989 Act; and

(c)that step has not taken effect.

(2) The notice sent to the person under section 79L(1) shall, on and after the transfer date, be treated as being notice given under section 73(2) of the 2006 Act.

(3) A person who has, before the transfer date, informed the Chief Inspector of the desire to object to the step being taken under section 79L(3) of the 1989 Act, shall be treated as having given notice under section 73(5) of the 2006 Act.

(4) An objection made before the transfer date under section 79L(3) of the 1989 Act to a step being taken shall be treated on and after that date as having been made in pursuance to section 73(5) of the 2006 Act.

(5) A notice sent to a person by the Chief Inspector in accordance with section 79L(5) of the 1989 Act before the transfer date shall be treated on and after that date as being notice given under section 73(7) of the 2006 Act.

(6) Where this paragraph applies, a notice continues to have effect only to the extent that it could have been given under section 73 of the 2006 Act.

(1)

The effect of section 79L(1)(b) to (d) of the 1989 Act in England is that the Chief Inspector must give notice of not less than 14 days before cancelling a registration; removing or varying any condition to which a registration is subject or imposing a new condition; or refusing to grant an application for the removal or variation of any condition to which a registration is subject.

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