Childcare Act 2006 (c. 21)

Part 3 E+W Regulation of Provision of Childcare in England

Chapter 5 E+W Common provisions

Rights of entry E+W

79 Power of constable to assist in exercise of powers of entry E+W

(1) [F1 The Chief Inspector] may apply to a court for a warrant under this section.

(2) If it appears to the court that the [F2 Chief Inspector]—

(a) has attempted to exercise a power conferred on him by section 77 but has been prevented from doing so, or

(b) is likely to be prevented from exercising any such power,

the court may issue a warrant authorising any constable to assist [F3 the Chief Inspector ] in the exercise of the power, using reasonable force if necessary.

(3) A warrant issued under this section must be addressed to, and executed by, a constable.

(4) Schedule 11 to the Children Act 1989 (c. 41) (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act.

(5) In this section, “court” means the High Court, a county court or a magistrates' court but this is subject to any provision which may be made (by virtue of subsection (4)) by or under Schedule 11 to the Children Act 1989.

Textual Amendments

F1 Words in s. 79(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 114(2); S.I. 2007/935, art. 5(gg)

F2 Words in s. 79(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 114(3)(a); S.I. 2007/935, art. 5(gg)

F3 Words in s. 79(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 114(3)(b); S.I. 2007/935, art. 5(gg)

Commencement Information

I1 S. 79 in force at 6.4.2007 by S.I. 2007/1019, art. 4