(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;
[F3(b)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.
[F4(6)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.]
Textual Amendments
F1Words in s. 65(1)(a)(b)(2)(a)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(a); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F2Words in s. 65(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(b); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F3S. 65(3)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(c); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F4S. 65(6) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 14(13)(d); S.I. 2002/1493, art. 3(2)(b) (subject to transitional provisions in art. 4); S.I. 2002/920, art. 3(3)(d) (with art. 3(4)-(10) and transitional provisions in Schs. 1-3)
F5Words in s. 65(6)(a) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 147, Sch. 9 para. 10(2); S.I. 2004/759, art. 4(2)(b)
Commencement Information
I1S. 65 wholly in force at 14.10.1991 see s. 108(2)(3) and S.I. 1991/828, art. 3(2)
Marginal Citations