78[F1Powers of entry under section 77: requirement for consent]E+W
(1)This section applies where a person (“the authorised person”) proposes to enter domestic premises in pursuance of—
(a)provision made by virtue of section 42(1) and (4) in a learning and development order specifying assessment arrangements in relation to early years provision, or
(b)a power of entry conferred by section 77(2).
(2)If the authorised person has reasonable cause to believe—
(a)that the premises are not the home of the person providing the early years or later years provision, or
(b)that the premises are the home of a child for whom the early years or later years provision is provided,
the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises.
(3)Subsection (2) does not prevent the imposition under section 38, 58 or 66 of a condition requiring a person registered under Chapter 2, 3 or 4 to secure that the occupier of any premises on which the registered person provides early years provision or later years provision gives any consent required by that subsection.
(4)In this section—
“a learning and development order” means an order under section 39(1)(a);
“occupier” does not include the person providing the early years or later years rovision.
Textual Amendments
F1S. 78 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. 48; S.I. 2014/889, arts. 3(m), 7(e)
Commencement Information
I1S. 78 in force at 6.4.2007 by S.I. 2007/1019, art. 4