Part II Establishments and agencies

Registration

11 Requirement to register.

(1)

Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.

(2)

F1Where the activities of an agency are carried on from two or more branches, each of those branches shall be treated as a separate agency for the purposes of this Part.

(3)

The F2references in F3subsection (1) to an agency do not include a reference to a voluntary adoption agency.

(4)

The Secretary of State may by regulations make provision about the keeping of registers by F4F5the CHAI F6, the CSCI or the CIECSS for the purposes of this Part.

(5)

A person guilty of an offence under this section shall be liable on summary conviction—

(a)

if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;

(b)

if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.

(6)

This subsection applies if—

(a)

the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or

(b)

the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.