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Improvement notice and improvement order
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11. The Principal Act is amended by the insertion of the following section after section 58J:
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“58JA. (1) Where an authorised person is of the opinion, following the exercise of any of his or her powers under section 58J relating to a premises in which a registered provider is providing a prescribed early years service, that there is an issue of significant concern that is of such a nature that if it persists it will, or is likely to, pose a risk of harm to a child attending the service, he or she may issue a notice (in this Part referred to as an ‘improvement notice’).
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(2) An improvement notice shall—
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(a) identify the issue of significant concern giving rise to the risk referred to in subsection (1),
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(b) require that action be taken to address the issue referred to in paragraph (a) and, if appropriate, specify the nature or details of such remedial action, and
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(c) specify a time limit by which the action referred to in paragraph (b) is to be completed or implemented by the registered provider.
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(3) An improvement notice shall be served on the registered provider of the prescribed early years service to which it relates or the person in charge of the premises from which that service is provided and shall be effective immediately or, as appropriate, from a date specified in the notice.
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(4) An improvement notice may be varied or withdrawn.
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(5) Where an improvement notice has not been complied with or the authorised person has reasonable grounds to believe that it has not been complied with, the Agency may apply to the District Court for an improvement order.
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(6) A judge of the District Court may, on application in that behalf by the Agency, where the judge is of the opinion that an improvement notice has not been complied with or that there are reasonable grounds for the authorised person’s belief that it has not been complied with, make an order (in this Part referred to as an ‘improvement order’) directing the registered provider to comply with the improvement notice.
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(7) An improvement order shall specify—
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(a) the action required to be taken by the registered provider,
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(b) a time limit by which the action referred to in paragraph (a) is to be completed or implemented by the registered provider, and
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(c) such other requirement, if any, as the court may consider appropriate.”.
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