Modifications etc. (not altering text)
C1Pt. 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
C2Pt. 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)
C3Pt. 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
C4Pt. 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
C5Pt. 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
C6Pt. 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
(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.]
Textual Amendments
F1S. 22A inserted (1.4.2010 for E. and otherwise prosp.) by Children and Young Persons Act 2008 (c. 23), ss. 26(2), 44; S.I. 2009/3354, art. 3(2)
Modifications etc. (not altering text)
C7S. 22A 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. 9 (with reg. 1(2))