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The Residential Family Centres Regulations (Northern Ireland) 2007

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OffencesN.I.

36.—(1) A contravention of any of the provisions of regulations 3, 4 and 11 to 32 shall be an offence.

(2) The [F1RQIA] shall not bring proceedings against a person in respect of any contravention of those regulations unless—

(a)subject to paragraph (4), he is a registered person;

(b)notice has been given to him in accordance with paragraph (3);

(c)the period specified in the notice within which the registered person may make representations to the [F1RQIA], has expired; and

(d)the person contravenes any of the provisions of the regulations mentioned in the notice.

(3) Where the [F1RQIA] considers that the registered person has contravened any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying—

(a)in what respect in its opinion the registered person has contravened the requirements of any of the regulations;

(b)where it is practicable for the registered person to take action for the purpose of complying with those regulations, what action, in the opinion of the [F1RQIA], the registered person should take for that purpose;

(c)the period, not exceeding three months, within which the registered person should take any action specified in sub-paragraph (b); and

(d)the period, not exceeding one month, within which the registered person shall make representations to the [F1RQIA] about the notice.

(4) The [F1RQIA] may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 22 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.

Textual Amendments

Commencement Information

I1Reg. 36 in operation at 30.4.2007, see reg. 1

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