C1C2C3C4C5C6 Part II Establishments and agencies

Annotations:
Modifications etc. (not altering text)
C2

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)

C4

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

C5

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

C6

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

C722AF1Power 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.