|
|
|
Amendment of section 58D of Principal Act
|
| |
7. Section 58D of the Principal Act is amended—
|
|
| |
(a) in subsection (7), by the substitution of “shall” for “may”,
|
|
| |
(b) in subsection (9), by the substitution of “may” for “shall” in both places where it occurs,
|
|
| |
(c) in subsection (12)(b), by the substitution of “section 58F(1)” for “section 58F”, and
|
|
| |
(d) by the insertion of the following subsection after subsection (14):
|
|
| |
“(15) Where the Agency proposes to make a decision under this section in respect of a registered provider, it shall, without prejudice to any other legal basis for the exercise of its powers under this section, have regard to—
|
|
| |
(a) the issue of an improvement order or an immediate action order in respect of a prescribed early years service provided by the registered provider,
|
|
| |
(b) any failure of the registered provider to comply with an order referred to in paragraph (a),
|
|
| |
(c) the issue of a temporary prohibition order in respect of a prescribed early years service provided by the registered provider,
|
|
| |
(d) the carrying on of activities by the registered provider in contravention of a temporary prohibition order,
|
|
| |
(e) any failure of the registered provider to remedy the matters specified in a temporary prohibition order, and
|
|
| |
(f) the grant of a closure order in respect of an early years service provided by the registered provider.”.
|
