4.—(1) In exercising his functions under Part XA of the Act, the Chief Inspector—
(a)shall have regard to the national standards and supporting criteria; and
(b)may take account of—
(i)the duty imposed on a registered person by paragraph (2); and
(ii)any failure or alleged failure of such a person to comply with that duty in any respect or on any occasion.
(2) A registered person who acts as a child minder, or provides day care, on premises shall—
(a)comply with the requirements of these Regulations;
(b)meet the requirements of the national standards; and
(c)have regard to the supporting criteria that are applicable to the child care category into which the care provided by him falls and to any additional or alternative supporting criteria which he is notified by the Chief Inspector are applicable to that care.
(3) Any allegation that a registered person has failed to comply with paragraph (2) may be taken into account in any proceedings under Part XA of the Act.