C57

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2024 (19/2024), s. 13, not commenced as of date of revision.

F368[58JC.—(1) Where an authorised person is of the opinion that the continued provision of a prescribed early years service poses an immediate and grave risk to the health, safety or welfare of children attending the service, he or she may, subject to subsection (2), serve, or arrange to have served, on the registered provider or person in charge of the service a notice (in this Part referred to as a "temporary prohibition order") stating that he or she is of that opinion and the temporary prohibition order shall—

(a) state that the authorised person is of the opinion that the provision of the service should be prohibited for a specified period not exceeding 6 weeks,

(b) specify the matters which in his or her opinion give rise to the said risk, and

(c) direct that the provision of the service be prohibited unless and until the matters specified under paragraph (b) have been remedied.

(2) Before serving a temporary prohibition order under subsection (1), an authorised person shall consult with the chief executive officer or such other employee of the Agency designated in that behalf by the chief executive officer.

(3) A temporary prohibition order shall take effect—

(a) where it so declares, immediately on and from the date that the order is received by the person on whom it is served, or

(b) in any other case—

(i) where no appeal is taken against the order, on the expiration of the period during which such an appeal may be taken or the day specified in the order as the day on which it is to come into effect, whichever is the later, or

(ii) in case such an appeal is taken, on the day next following the day on which the order is confirmed on appeal or the appeal is withdrawn or the day specified in the order as that on which it is to come into effect, whichever is the later.

(4) The chief executive officer or such other employee of the Agency designated in that behalf by the chief executive officer may vary or withdraw a temporary prohibition order.

(5) The Board of the Agency shall be notified at its next available meeting of the service under subsection (1) of a temporary prohibition order or any variation or withdrawal of such an order under subsection (4).

(6) Where an authorised person is of the opinion that the matters specified under subsection (1)(b) have not been remedied, the authorised person may extend the period during which the temporary prohibition order shall have effect by such further period as he or she considers necessary for the purpose for which the order was issued, provided that the total period during which an order to which this subsection applies shall have effect shall not exceed 12 weeks.

(7) Subsections (1) to (5) shall apply to a decision under subsection (6) to extend the period of temporary prohibition order as they apply to a decision to issue a temporary prohibition order and a reference in those subsections to such an order shall be construed as a reference to an order that is extended under subsection (6).

(8) In this section, "chief executive officer" means the person appointed under section 28 of the Child and Family Agency Act 2013 to be the chief executive officer of the Agency.]