The Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001

Powers of persons authorised by local authorities during the second transitional period

12.—(1) The provisions of this paragraph shall apply throughout the second transitional period.

(2) References in this paragraph to an authorised person are to a person authorised by a local authority for the purposes of this paragraph.

(3) Any authorised person may at any reasonable time enter—

(a) any domestic premises within the authority’s area on which child minding is at any time carried on by a person registered under paragraph 6(2); or

(b) any premises within the authority’s area on which day care for children under the age of eight is at any time provided by a person registered under paragraph 6(2).

(4) Where a local authority have reasonable cause to believe that a child is being looked after on any premises within their area in contravention of Part XA, any authorised person may enter those premises at any reasonable time.

(5) Any person entering premises under sub-paragraph (3) or (4) may inspect—

(a) the premises;

(b) any children looked after on the premises;

(c) the arrangement made for their welfare; and

(d) any records relating to them which are kept as a result of a requirement under section 71 or paragraph 7.

(6) Any person inspecting any records under this paragraph—

(a) shall be entitled at any reasonable time to have access to, and to inspect and 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; and

(b) may require—

(i) the person by whom or on whose behalf the computer is or has been so used; or

(ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such reasonable assistance as he may require.

(7) A person exercising any power conferred by this paragraph shall, if so required, produce some duly authenticated document showing his authority to do so.

(8) Subsections (7) and (8) of section 79U shall apply to the wilful obstruction of a person exercising any power conferred by this paragraph as they apply to the wilful obstruction of a person exercising powers under that section.