Valid from 01/07/2001
(1)Any person who carries on or manages an establishment or agency of any description without being registered under this Part in respect of it (as an establishment or, as the case may be, agency of that description) shall be guilty of an offence.
(2)Where the activities of an agency are carried on from two or more branches, each of those branches shall be treated as a separate agency for the purposes of this Part.
(3)The reference in subsection (1) to an agency does not include a reference to a voluntary adoption agency.
(4)The Secretary of State may by regulations make provision about the keeping of registers by the Commission for the purposes of this Part.
(5)A person guilty of an offence under this section shall be liable on summary conviction—
(a)if subsection (6) does not apply, to a fine not exceeding level 5 on the standard scale;
(b)if subsection (6) applies, to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both.
(6)This subsection applies if—
(a)the person was registered in respect of the establishment or agency at a time before the commission of the offence but the registration was cancelled before the offence was committed; or
(b)the conviction is a second or subsequent conviction of the offence and the earlier conviction, or one of the earlier convictions, was of an offence in relation to an establishment or agency of the same description.
Commencement Information
I1S. 11 partly in force; s. 11 not in force at Royal Assent see s. 122; s. 11 in force for W. for certain purposes at 1.7.2001 by S.I. 2001/2190, art. 2, Sch. Table; s. 11 in force for E. for certain purposes at 20.11.2001 by S.I. 2001/3852, arts. 1(4), 3(2)(3)(a)(i) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 11 in force for E. in so far as not already in force at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(a) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 11 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 11 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 11 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 11 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 11 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2