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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)A person authorised for the purposes of this subsection by the Chief Inspector may at any reasonable time enter any premises in England if he has reasonable cause to believe that early years provision or later years provision is being provided on the premises in breach of section 33(1), 34(1), 52(1) or 53(1).
(2)A person authorised for the purposes of this subsection by the Chief Inspector may at any reasonable time enter any premises in England on which early years provision or later years provision in respect of which a person is registered under this Part is being provided—
(a)for the purpose of conducting an inspection under section 49 or 60, or
(b)for the purpose of determining whether any conditions or requirements imposed by or under this Part are being complied with.
(3)Authorisation under subsection (1) or (2)—
(a)may be given for a particular occasion or period;
(b)may be given subject to conditions.
(4)A person entering premises under this section may (subject to any conditions imposed under subsection (3)(b))—
(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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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