78.—(1) A person who is disqualified (under Article 109) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in, a voluntary home unless he has—
(a)disclosed to the [F1RQIA] the fact that he is so disqualified; and
(b)obtained[F2 its consent] in writing.
(2) No person shall employ a person who is so disqualified in a voluntary home unless he has—
(a)disclosed to the [F1RQIA] the fact that that person is so disqualified; and
(b)obtained[F2 its consent] in writing.
(3) Where[F2 the [F1RQIA]] refuses to give its consent under this Article,[F2 it] shall inform the applicant by a notice which states—
(a)the reason for the refusal;
[F2(b)the applicant's right to appeal under Article 78A against the refusal to the Care Tribunal; and]
(c)the time within which he may do so.
(4) Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
(5) Where a person contravenes paragraph (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under Article 109.
F1Words in Order substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(b) (with Sch. para. 1(2))