Part 3

Regulation of Provision of Childcare in England
Chapter 5

Common provisions

Rights of entry

Power of constable to assist in exercise of powers of entry
79
1
The Chief Inspector may apply to a court for a warrant under this section.
2
If it appears to the court that the Chief Inspector—
a
has attempted to exercise a power conferred on him by section 77 or 78A 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 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
In this section, “court” means the High Court or the family court.
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)
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)
S. 79(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 204(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
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)
S. 79 in force at 6.4.2007 by S.I. 2007/1019, art. 4
Words in s. 79(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 204(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Words in s. 79(2)(a) inserted (1.4.2014 for specified purposes, 1.9.2014 in so far as not already in force) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 50; S.I. 2014/889, arts. 3(m), 7(e)