Foster Children (Scotland) Act 1984

15 Offences relating to foster children. S

(1) A person shall be guilty of an offence if—

(a) being required under any provision of this Act or of regulations made under section 4, to give any notice or information, he—

(i) fails to give the notice within the time specified in that provision, or

(ii) fails to give the information within a reasonable time, or

(iii) knowingly makes, or causes or procures another person to make, any false or misleading statement in the notice or information;

(b) he refuses to allow—

(i) the visiting of any foster child by a duly authorised officer of a local authority, or

(ii) the inspection under section 8 of any premises;

(c) he maintains a foster child in contravention of section 7;

(d) he fails to comply with any requirement imposed by a local authority under this Act or keeps any foster child in any premises in contravention of a prohibition so imposed;

(e) he refuses to comply with an order under this Act for the removal of any child or obstructs any person in the execution of such an order; or

(f) he causes to be published or knowingly publishes an advertisement in contravention of section 14 or of regulations made under that section.

(2) Where subsection (1) of section 7 applies to any person by virtue only of subsection (2) of that section he shall not be guilty of an offence under subsection (1)(c) above if he proves that he did not know, and had no reasonable ground for believing, that a person living or employed in the premises in which he lives was a person to whom subsection (1) of that section applies.

[F1 (2A) A person shall not be guilty of an offence under subsection (1)(c) above in relation to a contravention of section 7(3) if the person proves that he did not know, and had no reasonable ground for believing, that any other person living in the premises in which the person lives was a barred person.]

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.

Textual Amendments

F1 S. 15(2A) inserted (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), Sch. 4 para. 11 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a)