C3C4C5C6C7C8C15C16 Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C4

Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)

C6

Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5

C7

Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1

C8

Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5

C15

Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4

C16

Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)

Offences

I1C1024 Failure to comply with conditions.

If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

C1124AF5Offences relating to suspension

1

If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.

2

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

I225 Contravention of regulations.

C1C9C14C171

Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.

2

A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

I3C12C1826 False descriptions of establishments and agencies.

1

A person who, with intent to deceive any person—

a

applies any name to premises in England or Wales; or

b

in any way describes such premises or holds such premises out,

so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.

F11A

If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.

2

References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.

3

No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.

4

A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

I427 False statements in applications.

1

Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.

2

A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

I5C1328 Failure to display certificate of registration.

C21

A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.

2

If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

I629 Proceedings for offences.

F21

Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.

2

Proceedings for an offence under this Part or regulations made under it may be brought within F3the permitted period from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.

F43

“The permitted period” means—

a

in the case of proceedings brought by the Welsh Ministers, a period of 12 months;

b

in any other case, a period of 6 months.

I730 Offences by bodies corporate.

1

This section applies where any offence under this Part or regulations made under it is committed by a body corporate.

2

If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a

any director, manager, or secretary of the body corporate; or

b

any person who was purporting to act in any such capacity,

he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

3

The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—

a

to any other similar officer of the body; and

b

where the body is a local authority, to any officer or member of the authority.