C1C2C3C4C5C6Part II Establishments and agencies
Pt. 2: functions transferred (20.11.2003 for certain purposes and 1.4.2004 otherwise) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 102(1)-(3), 199; S.I. 2004/759, art. 5(2)
Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
Pt. 2 applied (with modifications) (E.) (31.8.2004) by The Adult Placement Schemes (England) Regulations 2004 (S.I. 2004/2071), reg. 40(2), Sch. 5
Pt. 2 applied (with modifications) (W.) (1.8.2004) by The Adult Placement Schemes (Wales) Regulations 2004 (S.I. 2004/1756), reg. 3(3), Sch. 1
Pt. 2: functions transferred (8.11.2006 for certain purposes and 1.4.2007 otherwise) by Education and Inspections Act 2006 (c. 40), ss. 148(1), 188(3); S.I. 2007/935, art. 5
Regulations and standards
22AF1Power 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.
Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2