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Care Standards Act 2000

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46 Inspections: supplementary.E+W

This sectionnoteType=Explanatory Notes has no associated

(1)A person authorised by virtue of section 45 to enter and inspect any premises may 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 the regulatory requirements.

(2)A person so authorised—

(a)may 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 section 45 or this section;

(b)may take such measurements and photographs and make such recordings as he considers necessary to enable him to exercise those powers.

(3)A person authorised by virtue of section 45 to inspect any records shall be entitled to have access to, and to 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.

(4)Where any premises which are used by a local authority in its discharge of relevant functions have been inspected under section 45, the registration authority—

(a)shall prepare a report on the discharge by the local authority of relevant functions; and

(b)shall without delay send a copy of the report to the local authority.

(5)The registration authority shall make copies of any report prepared under subsection (4) available for inspection at its offices by any person at any reasonable time; and may take any other steps for publicising a report which it considers appropriate.

(6)Any person who asks the registration authority for a copy of the report shall be entitled to have one on payment of a reasonable fee determined by the registration authority; but nothing in this subsection prevents the registration authority from providing a copy free of charge when it considers it appropriate to do so.

(7)In this section and section 47 “the regulatory requirements” means the requirements of regulations under—

(a)section 48;

(b)section 23(2)(a) of the 1989 Act (regulations about the placing of children with foster parents);

(c)section 9(3) of the M1Adoption Act 1976 (regulation of adoption agencies); and

(d)section 1(1) of the M2Adoption (Intercountry Aspects) Act 1999 (regulations giving effect to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption).

(8)Where the Secretary of State has specified regions in a direction made under paragraph 9 of Schedule 1, the reference in subsection (5) to offices is, in relation to premises in England which are used by a local authority in its discharge of relevant functions, a reference to the Commission’s offices for the region in which the premises are situated.

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Commencement Information

I1S. 46 partly in force; s. 46 not in force at Royal Assent see s. 122; s. 46(1)-(6)(7)(a)(b)(8) in force for E. for certain purposes in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(g) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)

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