Child Care Act 1991
F362[Inspection by authorised persons
58J.—(1) An authorised person may, at all reasonable times, enter any premises in which a registered provider is providing a prescribed early years service for the purpose of ensuring compliance with this Part.
F363[(1A) An authorised person may, at all reasonable times, enter any premises in which an applicant proposes to provide a prescribed early years service for the purpose of ascertaining if the premises comply with this Part.]
(2) A judge of the District Court may, if satisfied on information on oath that there are reasonable grounds for believing that a prescribed early years service is being provided in any premises (including a private dwelling) by a person who is not a registered provider, issue a warrant authorising an authorised person F364[to enter, at any time or times from the date of issue of the warrant, and] inspect the premises.
F365[(2A) The period of validity of a warrant under subsection (2) shall be 28 days from its date of issue, but that period of validity may be extended in accordance with subsections (2B) and (2C).
(2B) An authorised person may, during the period of validity of a warrant under subsection (2) (including such period as previously extended under subsection (2C)), apply to a judge of the District Court for an order extending the period of validity of the warrant and such an application shall be grounded on information on oath stating, by reference to the purpose for which the warrant was issued, the reasons why the authorised person considers the extension to be necessary.
(2C) If, on the making of an application under subsection (2B), the judge of the District Court is satisfied that there are reasonable grounds for believing, having regard to that information so laid, that further time is needed so that the purpose for which the warrant was issued can be fulfilled, the judge may make an order extending the period of validity of the warrant by such period as, in the opinion of the judge, is appropriate and just; and where such an order is made, the judge shall cause the warrant to be suitably endorsed to indicate its extended period of validity.
(2D) Nothing in subsections (2) to (2C) prevents a judge of the District Court from issuing, on the making of a further application under subsection (2), a further search warrant under this section in relation to the same premises.]
(3) An authorised person who enters any premises in accordance with subsection (1) or (2) may make such examination into the condition of the premises and the care and attention which the children are receiving in those premises as may be necessary for the purposes of this Part.
F363[(3A) An authorised person who enters any premises in accordance with subsection (1A) may make such examination into the condition of the premises as may be necessary for the purposes of this Part.]
F365[(3B) Without prejudice to subsections (3) and (3A), an authorised person who enters any premises in accordance with subsection (1), (1A) or (2), may—
(a) require any person at the premises to produce to him or her any documents or records that the authorised person may reasonably require for the purposes of ensuring compliance with this Part,
(b) examine any document or record produced to him or her under paragraph (a), and take copies of, or extracts from, such document or record or have the document or record made available in a form to facilitate its removal from the location at which the document or record is made available,
(c) take possession of any document or record produced to him or her under paragraph (a) that, in the opinion of the authorised person, is relevant to ensuring compliance with this Part, and, for those purposes, remove the document or record and retain such document or record in his or her possession for a reasonable period, and
(d) require any person on the premises to give to him or her any information relating to the provision of a prescribed early years service on the premises that the authorised person may reasonably require for the purpose of the performance of his or her functions or the functions of the Agency under this Act.]
(4) A warrant under subsection (2) may be issued by a judge of the District Court for the time being assigned to the district court district where the premises, in which the prescribed early years service is being provided, are situated.]
Annotations
Amendments:
F362
Part VIIA (ss. 58A-58L) inserted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 92, S.I. No. 502 of 2013.
F363
Inserted (26.04.2016) by Child Care (Amendment) Act 2015 (45/2015), s. 12, S.I. No. 203 of 2016.
F364
Substituted (30.09.2024) by Child Care (Amendment) Act 2024 (19/2024), s. 10(a), S.I. No. 495 of 2024.
F365
Inserted (30.09.2024) by Child Care (Amendment) Act 2024 (19/2024), s. 10(b), (c), S.I. No. 495 of 2024.