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Section 78B Powers of entry under section 78A: requirement for consentF2F1

(1)

This section applies where a person (“ the authorised person ”) proposes to enter domestic premises in pursuance of a power of entry conferred by section 78A(2).

(2)

If the authorised person has reasonable cause to believe that the premises are the home of a person who—

(a)

is not employed by the early years childminder agency or (as the case may be) the later years childminder agency, or

(b)

is not a director, manager or other officer of, or partner in, the agency, a member of its governing body or otherwise directly concerned in the management of the agency,

the authorised person may not enter the premises without the consent of an adult who is an occupier of the premises and who falls within paragraph (a) or (b).

Annotations

Textual amendments

F1

Ss. 78A, 78B 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. 49; S.I. 2014/889, arts. 3(m), 7(e)

F2

Ss. 78A, 78B inserted (1.4.2014 for specified purposes) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 4 para. 49; S.I. 2014/889, art. 3(m)