PART 4Compliance and Offences

Offences22

1

It is an offence for a registered person to fail to comply with any of the requirements in the following regulations, as read with regulation 8—

a

regulation 11,

b

regulation 16(3), F1...

c

regulation 17(3).

F2d

regulation 20(2)(a) and (3), or

e

regulation 20A.

2

A registered person commits an offence if the registered person fails to comply with a requirement of regulation 12, 13(1) to (4) or 14, as read with regulation 8, and such failure results in—

a

avoidable harm (whether of a physical or psychological nature) to a service user,

b

a service user being exposed to a significant risk of such harm occurring, or

c

in a case of theft, misuse or misappropriation of money or property, any loss by a service user of the money or property concerned.

F33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

But it is a defence for a registered personF4... to prove that they took all reasonable steps and exercised all due diligence to prevent the breach of any of those regulations that has occurred.