Part 3Regulation of Provision of Childcare in England
Chapter 5Common provisions
Offences and criminal proceedings
I185Offence of making false or misleading statement
1
A person commits an offence if, in an application for registration under any of Chapters 2 to 4, F1 the person knowingly makes a statement which is false or misleading in a material particular.
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.
85AF5Offence of providing provision other than on approved premises
The Secretary of State may by regulations provide—
a
that a person who without reasonable excuse fails to comply with a prescribed requirement falling within section 35(5)(b), 36(5)(b), 54(5)(b) or 55(5)(b) (premises) is guilty of an offence, and
b
that a person guilty of the offence is liable on summary conviction to a fine.
I286Time limit for proceedings
1
Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings comes to his knowledge.
2
No such proceedings may be brought by virtue of subsection (1) more than three years after the commission of the offence.
I387Offences by bodies corporate F4and partnerships
1
F2Subsection (2) applies where any offence under this Part 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, any director, manager or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
F33
Subsection (4) applies where any offence under this Part is committed by a partnership.
4
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, any partner, that partner (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
I488Unincorporated associations
1
Proceedings for an offence under this Part which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in the name of any of its members).
2
For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.
3
In proceedings for an offence under this Part brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate.
4
A fine imposed on an unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the association.
5
If an offence under this Part by an unincorporated association is shown—
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
b
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.