Modifications etc. (not altering text)
C1Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2
C2Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)
C3Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
C4Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5
C5Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1
C6Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5
C7Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4
C8Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)
If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Modifications etc. (not altering text)
C9S. 24 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 11 (with reg. 1(2))
Commencement Information
I1S. 24 partly in force; s. 24 not in force at Royal Assent see s. 122; s. 24 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 24 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 24 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 24 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 24 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 24 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
(1)If a person who is registered under this Part in respect of an establishment or agency carries on or (as the case may be) manages the establishment or agency while the person's registration is suspended, the person is guilty of an offence.
(2)A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
Textual Amendments
F1S. 24A inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(3), Sch. 5 para. 22; S.I. 2009/462, art. 2, Sch. 1 para. 35
Modifications etc. (not altering text)
C10S. 24A applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 12 (with reg. 1(2))
(1)Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
(2)A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Modifications etc. (not altering text)
C11S. 25(1) applied (with modifications) (E.) (2.8.2004) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Adult Placement Schemes) (England) Regulations 2004 (S.I. 2004/1972), regs. 2(2)(d), 3
C12S. 25(1) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(h), Sch.
C13S. 25(1) applied (31.3.2017) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Private Dental Practices) (Wales) Regulations 2017 (S.I. 2017/200), regs. 1(2), 3(2)(g), Sch.
C14S. 25(1) applied (with modifications) (8.8.2022) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 (S.I. 2022/808), regs. 1(1), 3(2), Sch. (as amended (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 40(2) (with reg. 44))
Commencement Information
I2S. 25 wholly in force at 1.4.2002; s. 25 not in force at Royal Assent see s. 122; s. 25 in force for W. at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 25 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 25 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210)
(1)A person who, with intent to deceive any person—
(a)applies any name to premises in England or Wales; or
(b)in any way describes such premises or holds such premises out,
so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.
[F2(1A)If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.]
(2)References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.
(3)No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.
(4)A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F2S. 26(1A) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 5 para. 23; S.I. 2009/462, art. 2, Sch. 1 para. 35
Modifications etc. (not altering text)
C15S. 26 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 13 (with reg. 1(2))
C16S. 26 applied in part (with modifications) (28.10.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(3), 43(2), Sch. 5 (with reg. 44)
Commencement Information
I3S. 26 partly in force; s. 26 not in force at Royal Assent see s. 122; s. 26 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 26 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 26 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 26 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 26 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 26 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
(1)Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.
(2)A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Commencement Information
I4S. 27 partly in force; s. 27 not in force at Royal Assent see s. 122; s. 27 in force for E. for certain purposes at 1.1.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(4)(b)(6) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 27 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 27 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 27 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 27 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 27 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 27 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
(1)A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.
(2)If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Modifications etc. (not altering text)
C17S. 28 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 14 (with reg. 1(2))
C18S. 28(1) modified (W.) (1.1.2009) by The Private Dentistry (Wales) Regulations 2008 (S.I. 2008/1976), reg. 4
Commencement Information
I5S. 28 partly in force; s. 28 not in force at Royal Assent see s. 122; s. 28 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 28 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 28 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 28 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 28 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 28 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
[F3(1)Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than the CIECSS or the Welsh Ministers.]
(2)Proceedings for an offence under this Part or regulations made under it may be brought within [F4the permitted period] from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.
[F5(3)“The permitted period” means—
(a)in the case of proceedings brought by the Welsh Ministers, a period of 12 months;
(b)in any other case, a period of 6 months.]
Textual Amendments
F3S. 29(1) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 24(a); S.I. 2010/807, art. 2(2), Sch. 1 Pt. 2 (with arts. 3-22)
F4Words in s. 29(2) substituted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 24(b); S.I. 2009/462, art. 2, Sch. 1 para. 35
F5S. 29(3) inserted (21.7.2008 for certain purposes and 1.4.2009 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b)(3), Sch. 5 para. 24(c); S.I. 2009/462, art. 2, Sch. 1 para. 35
Commencement Information
I6S. 29 partly in force; s. 29 not in force at Royal Assent see s. 122; s. 29 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 29 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 29 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 29 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 29 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 29 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2
(1)This section applies where any offence under this Part or regulations made under it is committed by a body corporate.
(2)If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)any director, manager, or secretary of the body corporate; or
(b)any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(3)The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
(a)to any other similar officer of the body; and
(b)where the body is a local authority, to any officer or member of the authority.
Commencement Information
I7S. 30 partly in force; s. 30 not in force at Royal Assent see s. 122; s. 30 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 30 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 30 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 30 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 30 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 30 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2