Part II Establishments and agencies

Regulations and standards

F122APower of CIECSS to serve notice where person is failing to comply with regulations

(1)

This section applies if—

(a)

a person (“P”) is registered in respect of a relevant establishment or agency; and

(b)

the CIECSS is of the opinion that P is failing or has failed to comply with a requirement imposed on P in relation to that establishment or agency.

(2)

The CIECSS may serve a compliance notice on P.

(3)

A compliance notice is a notice which—

(a)

states that the CIECSS is of the opinion mentioned in subsection (1)(b);

(b)

specifies the requirement with which the CIECSS considers P is failing or has failed to comply;

(c)

specifies how the CIECSS considers that P is failing or has failed to comply with that requirement;

(d)

specifies the establishment or agency in relation to which the CIECSS considers P is failing or has failed to comply with that requirement;

(e)

specifies the steps the CIECSS considers need to be taken by P in relation to that establishment or agency to comply with that requirement or (as the case may be) to prevent a recurrence of the failure to comply with that requirement;

(f)

specifies a period for the taking of those steps; and

(g)

explains the effect of subsections (4) and (5).

(4)

Failing to take the steps specified in a compliance notice within the period so specified is an offence.

(5)

A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)

In this section—

(a)

a “relevant establishment or agency” means an establishment or agency in relation to which the functions of the registration authority under section 13 are exercisable by the CIECSS;

(b)

references to a “requirement” are references to a requirement imposed by regulations under—

(i)

section 22;

(ii)

section 9 of the Adoption Act 1976; or

(iii)

section 9 of the Adoption and Children Act 2002.