Registered Homes Act 1984

PART IV Offences

46 Failure to register

(1) A person guilty of an offence under section 2 above shall be liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under section 23(1) above shall be liable on summary conviction to a fine of an amount not exceeding the statutory maximum or on conviction on indictment to a fine.

47 Failure to affix certificate of registration

(1) A person guilty of an offence under section 5(6) above shall be liable on summary conviction to a fine of an amount not exceeding level 2 on the standard scale and to a further fine not exceeding £5 for each day on which the offence continues after conviction.

(2) A person guilty of an offence under section 23(6) above shall be liable on summary conviction—

(a) to a fine of an amount not exceeding level 2 on the standard scale; and

(b) subject to subsection (3) below, to a further fine not exceeding £5 for each day on which the offence continues after conviction.

(3) The court by which a person is convicted of an original offence under subsection (2) above may fix a reasonable period from the date of conviction for compliance with any directions given by the court; and where the court has fixed such a period the daily penalty prescribed by that subsection shall not be recoverable in respect of any day before the expiry of that period.

48 Breach of conditions as to registration

A person guilty of an offence under section 5(5) or 29(4) above shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

49 Contravention of regulations

A person guilty of an offence against regulations made under section 16, 26 or 27 above shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

50 Contravention of section 24

A person guilty of an offence under section 24 above shall be liable on summary conviction to a fine of an amount not exceeding level 3 on the standard scale.

51 Obstruction

(1) A person guilty of an offence under section 17(6) above shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale.

(2) A person guilty of an offence under section 35(5) or (6) above shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both such imprisonment and fine.

52 Bodies corporate and their officers

Where an offence under this Act or any regulations under it which has been committed by a body corporate 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, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

53 Proceedings

(1) Proceedings in respect of an offence under section 23(1) or (6) above relating to a nursing home shall not, without the written consent of the Attorney General, be taken by any person other than a party aggrieved or the Secretary of State.

(2) A local social services authority may institute proceedings for any offence under section 35(5) or (6) above.