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Foster Children Act 1980

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This is the original version (as it was originally enacted).

16Offences relating to foster children

(1)A person shall be guilty of an offence if—

(a)being required, under any provision of this Act or of regulations made under section 4 above, to give any notice or information, he—

(i)fails to give the notice within the time specified in that provision, or

(ii)fails to give the information within a reasonable time, or

(iii)knowingly makes, or causes or procures another person to make, any false or misleading statement in the notice or information;

(b)he refuses to allow—

(i)the visiting of any foster child by a duly authorised officer of a local authority, or

(ii)the inspection under section 8 above of any premises;

(c)he maintains a foster child in contravention of section 7 above;

(d)he fails to comply with any requirement imposed by a local authority under this Act or keeps any foster child in any premises in contravention of a prohibition so imposed;

(e)he refuses to comply with an order under this Act for the removal of any child or obstructs any person in the execution of such an order ; or

(f)he wilfully obstructs a person entitled to enter any premises by virtue of a warrant under section 13(1) above;

(g)he causes to be published or knowingly publishes an advertisement in contravention of section 15 above or of regulations made under that section.

(2)Where subsection (1) of section 7 above applies to any person by virtue only of subsection (2) of that section he shall not be guilty of an offence under subsection (1)(c) above if he proves that he did not know, and had no reasonable ground for believing, that a person living or employed in the premises in which he lives was a person to whom subsection (1) of that section applies.

(3)A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding £400, or both.

(4)If any person who is required, under any provision Of this Act, to give a notice fails to give the notice within the time specified in that provision, then, notwithstanding anything in section 104 of the [1952 c. 55.] Magistrates' Courts Act 1952 (time limit for proceedings), proceedings for the offence may be brought at any time within six months from the date when evidence of the offence came to the knowledge of the local authority.

(5)A local authority may institute proceedings for an offence under this section.

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