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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
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This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)In section 14(1) of the 2000 Act (cancellation of registration) after paragraph (c) insert—
“(ca)on the ground that—
(i)a notice under section 22A relating to the establishment or agency has been served on that person or any other person; and
(ii)the person on whom the notice was served has failed to take the steps specified in that notice within the period so specified;”.
(2)After section 22 of that Act insert—
(1)This section applies if—
(a)a person (“P”) is registered in respect of a relevant establishment or agency; and
(b)the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.
(2)The CIECSS may serve a compliance notice on P.
(3)A compliance notice is a notice which—
(a)states that the CIECSS is of the opinion mentioned in subsection (1)(b);
(b)specifies the requirement with which the CIECSS considers P is failing or has failed to comply;
(c)specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;
(d)specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;
(e)specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;
(f)specifies a period for the taking of those steps; and
(g)explains the effect of subsections (4) and (5).
(4)Failing to take the steps specified in a compliance notice within the period so specified is an offence.
(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6)In this section—
(a)a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;
(b)references to a “requirement” are references to a requirement imposed by regulations under—
(ii)section 9 of the Adoption Act 1976; or
(iii)section 9 of the Adoption and Children Act 2002.”
Text created by the government department responsible for the subject matter of the Act 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 Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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