Part 3

Regulation of Provision of Childcare in England
Chapter 2

Regulation of early years provision

Requirements to be met by early years providers

Further provisions about assessment arrangements
42
1
A learning and development order specifying assessment arrangements may confer or impose on any of the persons mentioned in subsection (2) such functions as appear to the Secretary of State to be required.
2
Those persons are—
a
an early years provider,
b
the governing body or head teacher of a maintained school in England, and
c
an English local authority.
3
A learning and development order may specify such assessment arrangements as may for the time being be made by a person specified in the order.
4
Provision must be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements were made; and any such provision may be made by or under the learning and development order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.
5
The duties that may be imposed by virtue of subsection (1) include, in relation to persons exercising any power in pursuance of provision made by virtue of subsection (4), the duty to permit them—
a
to enter premises on which the early years provision is provided,
b
to observe implementation of the arrangements, and
c
to inspect, and take copies of, documents and other articles.
6
A learning and development order specifying assessment arrangements may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provision conferring or imposing functions as mentioned in subsection (1)) as appear to the Secretary of State to be expedient; and any provisions made under such an order, on being published as specified in the order, are to have effect for the purposes of this Chapter as if made by the order.
7
In this section “a learning and development order” means an order under section 39(1)(a).