(1)This section applies to early years provision in respect of which the early years provider is registered [F1in the early years register ].
(2)The Chief Inspector—
(a)must at such intervals as may be prescribed inspect early years provision to which this section applies,
(b)must inspect early years provision to which this section applies at any time when the Secretary of State requires the Chief Inspector to secure its inspection, and
(c)may inspect early years provision to which this section applies at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected.
(3)Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect early years provision at an interval prescribed for the purposes of subsection (2)(a).
(4)Regulations may provide that the Chief Inspector is not required by subsection (2)(a) to inspect early years provision at an [F2independent educational institution] [F3or an alternative provision Academy that is not an independent school] if the early years provision is inspected in prescribed circumstances by a body approved by the Secretary of State for the purposes of this subsection.
(5)A requirement made by the Secretary of State as mentioned in subsection (2)(b) may be imposed in relation to early years provision at particular premises or a class of premises.
[F4(5A)The Chief Inspector may charge a prescribed fee for conducting an inspection of early years provision where—
(a)the inspection is conducted at the request of a registered person who provides that early years provision, and
(b)the Chief Inspector is required by the Secretary of State under subsection (2)(b) to conduct that inspection.]
(6)Regulations may make provision requiring the registered person to notify prescribed persons of the fact that early years provision is to be inspected under this section.
(7)If the Chief Inspector so elects in the case of an inspection falling within paragraph (b) or (c) of subsection (2), that inspection is to be treated as if it were an inspection falling within paragraph (a) of that subsection.
Textual Amendments
F1Words in s. 49(1) substituted (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. 12; S.I. 2014/889, arts. 3(m), 7(e)
F2Words in s. 49(4) substituted (5.1.2015) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 33; S.I. 2014/3364, art. 2(z)
F3Words in s. 49(4) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 18 (with art. 3)
F4S. 49(5A) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 85, 139(6); S.I. 2014/889, art. 5(d)
Commencement Information
I1S. 49 in force at 1.10.2007 for specified purposes by S.I. 2007/2717, art. 2(c)
I2S. 49 in force at 1.9.2008 in so far as not already in force by S.I. 2008/2261, art. 2 (with Schs. 1, 2)