PART 1THE COMMISSION AND CARE SERVICES

Offences

21Offences in relation to registration under Part 1

1

Any person who—

a

provides a care service while it is not registered under this Part; or

b

with intent to deceive, pretends that a care service is registered under this Part,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

2

Any person who fails to comply with section 9(4) of this Act shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

3

Subsection (1)(a) above does not apply as respects actings which—

a

constitute an offence under section 11 of the Adoption (Scotland) Act 1978 (c. 28); or

b

fall within the exception provided for in subsection (1) of that section.