(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.
F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The [F2references in [F3subsection (1)] to an agency do] 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 F4. . . [F5the CIECSS] 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.
Textual Amendments
F1S. 11(2) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b), Sch. 5 para. 10(a), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)
F2Words in s. 11(3) substituted (25.2.2003 for E. for certain purposes, 30.4.2003 for E. otherwise and 28.11.2003 for W.) by Adoption and Children Act 2002 (c. 38), ss. 139, 148, Sch. 3 para. 106 (with Sch. 4 paras. 6-8); S.I 2003/366, art. 2(1)(4); S.I. 2003/3079, art. 2(1)
F3Words in s. 11(3) substituted (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 170(1)(b), Sch. 5 para. 10(b); S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)
F4Words in s. 11(4) repealed (21.7.2008 for certain purposes and 1.10.2010 otherwise) by Health and Social Care Act 2008 (c. 14), ss. 95, 166, 170(1)(b), Sch. 5 para. 10(c), Sch. 15 Pt. 1; S.I. 2010/807, art. 2(2), Sch. 1 (with arts. 3-22)
F5Words in s. 11(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 157, 188, Sch. 14 para. 42; S.I. 2007/935, art. 5
Modifications etc. (not altering text)
C1Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4
C2S. 11 applied (1.4.2003) by S.I. 2003/237, reg. 52(4)(6) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))
C3S. 11 applied (1.9.2003) by The Residential Family Centres (Wales) Regulations 2003 (S.I. 2003/781), reg. 34(4)(b)
C4S. 11 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 1 (with reg. 1(2), Sch. 10 para. 8(a))
C5S. 11 applied in part (with modifications) (28.10.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(3), 43(2), Sch. 5 (with reg. 44)
C6S. 11(1)(5)(6) excluded (temp.) (1.4.2003) by S.I. 2003/237, reg. 52(2)(3) (as substituted by The Fostering Services (Wales) (Amendment) Regulations 2003 (S.I. 2003/896), reg. 2(2))
C7S. 11(1)(5)(6) excluded (1.9.2003) by The Residential Family Centres (Wales) Regulations 2003 (S.I. 2003/781), reg. 34(2)
C8S. 11(1) excluded (temp.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 40(3)
C9S. 11(4) applied (with modifications) (4.3.2013) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013 (S.I. 2013/253), regs. 1(1), 2(1)(2)(a), Sch.
C10S. 11(4) applied (with modifications) (8.8.2022) by The Care Standards Act 2000 (Extension of the Application of Part 2 to Supported Accommodation) (England) Regulations 2022 (S.I. 2022/808), regs. 1(1), 3(2), Sch.
C11S. 11(5)(6) excluded (temp.) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 40(3)
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
