46Determination of application

46 Determination of application (1) In determining an application under section 42, the Regulatory Authority must have regard to— (a) the suitability of the children's service premises and the site and location of those premises for the operation of a children's service; and S. 46(1)(ab) inserted by No. 33/2023 s. 14. (ab) any approval in principle held by the approved provider for the children's service premises, and whether the premises were constructed, altered or repaired in accordance with the plans, drawings or specifications attached to, or described in, the approval in principle; and (b) the adequacy of the policies and procedures of the service; and (c) whether the applicant has a provider approval; and (d) except in the case of a nominated supervisor who is the approved provider, whether each nominated supervisor has consented in writing to the nomination; and (e) any other matter the Regulatory Authority thinks fit; and (f) any other prescribed matter. (2) In addition, the Regulatory Authority may have regard to either of the following— (a) whether the applicant is capable of operating the children's service having regard to the financial capacity and management capability of the applicant and any other matter the Regulatory Authority considers relevant; (b) the applicant's history of compliance with— (i) this Act, including in relation to any other children's service the applicant operates or has operated; or (ii) the National Law as applying in any participating jurisdiction, including in relation to any education and care service the applicant operates or has operated. New s. 47 inserted by No. 37/2019 s. 8.