# Care Standards Act 2000, Section 22A: Power 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.

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Source: https://www.legislation.gov.uk/ukpga/2000/14/section/22A (the official version)
Page: https://openlegislation.uk/care-standards-act-2000/section-22A
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.