Modifications etc. (not altering text)
C1Pt. 1 modified (1.4.2002) by S.S.I. 2002/162, arts. 3, 6
C2Pt. 1 modified (22.12.2003) by The Regulation of Care (Scotland) Act 2001 (Transitional Provisions and Revocation) Order 2003 (S.S.I. 2003/587), arts. 1, 2 (as amended (21.6.2004) by The Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Amendment Order 2004 (S.S.I. 2004/293), arts. 1, 2)
C3Pt. 1 modified (1.4.2005) by The Regulation of Care (Scotland) Act 2001 (Transitional Provisions) Order 2005 (S.S.I. 2005/98), arts. 1(1), 2
(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 [F1section 75(1), (3) or (4) of the Adoption and Children (Scotland) Act 2007 (asp 4)]; F2...
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in s. 21(3)(a) substituted (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 2 para. 11(2); S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
F2S. 21(3)(b) and word repealed (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), sch. 3; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)
Commencement Information
I1S. 21 wholly in force at 1.4.2002, see s. 81(2)-(4) and S.S.I. 2002/162, art. 2(e) (subject to arts. 3-13)