C58

Prospective affecting provision: section inserted by Child Care (Amendment) Act 2024 (19/2024), s. 14, not commenced as of date of revision.

F369[58JD.—(1) The Agency may apply to the District Court for an order prohibiting the continuance of the provision of an early years service (in this Part referred to as a "closure order") where—

(a) a temporary prohibition order has been served on the registered provider of the service and—

(i) activities are carried on in contravention of the order, or

(ii) the matters specified under paragraph (b) of section 58JC(1) have not been remedied before the expiry of the period during which the temporary prohibition order has effect,

or

(b) the Agency has reason to believe that a person (in this Part referred to as a "relevant person") is providing a prescribed early years service and his or her name is not entered in the register as a provider of that service.

(2) An application for a closure order under subsection (1)(b) may be made ex parte.

(3) A closure order shall specify the ground for making it and such an order shall take effect—

(a) where the order so declares, upon receipt 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 permitted under section 58JE(1) to appeal 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such an appeal is taken, on the day next following the day on which the order is confirmed on appeal or the appeal is withdrawn or the day specified in the order as the day on which it is to come into effect, whichever is the later.

(4) The District Court may, when granting a closure order, make such other order as it considers appropriate, including, on application by the Agency, an order directing a registered provider or relevant person, as the case may be, to provide the Agency with such particulars, including personal data, of parents and guardians of children attending the early years service in relation to which a closure order has been granted as are necessary and proportionate for the performance by the Agency of its functions under this Part.

(5) Where an application for a closure order under subsection (1)(b) is heard ex parte, the Agency shall notify the relevant person forthwith of the making of a closure order.

(6) Where a closure order has been made ex parte, the relevant person may apply, on notice to the Agency, to the District Court to have the order discharged.

(7) The District Court may, on application to it under subsection (6), discharge a closure order where the Court is satisfied that the discharge of the order is appropriate in the circumstances.]