Part VIII Registered Children’s Homes
I165 Persons disqualified from carrying on, or being employed in children’s homes.
1
A person who is disqualified (under section 68) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in a children’s home unless he has—
a
disclosed to F1the appropriate authority the fact that he is so disqualified; and
b
obtained F1its written consent.
2
No person shall employ a person who is so disqualified in a children’s home unless he has—
a
disclosed to F1the appropriate authority the fact that that person is so disqualified; and
b
obtained F1its written consent.
3
Where F2the appropriate authority refuses to give its consent under this section, it shall inform the applicant by a written notice which states—
a
the reason for the refusal;
F3b
the applicant’s right to appeal under section 65A against the refusal to the Tribunal established under section 9 of the M1Protection of Children Act 1999
c
the time within which he may do so.
4
Any person who contravenes subsection (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5
Where a person contravenes subsection (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under section 68.
F46
In this section and section 65A “appropriate authority” means—
a
in relation to England, the F5the Commission for Social Care Inspection ; and
b
in relation to Wales, the National Assembly for Wales.