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(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.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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