Article 94 Persons disqualified from carrying on, or being employed in, private children's homesF3

Northern Ireland

(1)

A person who is disqualified (under Article 109) from fostering a child privately shall not carry on, or be otherwise concerned in the management of, or have any financial interest in, a children's home unless he has—

(a)

disclosed to the F1RQIA the fact that he is so disqualified; and

(b)

obtainedF2 its consent in writing.

(2)

No person shall employ a person who is so disqualified in a children's home unless he has—

(a)

disclosed to the RQIA the fact that that person is so disqualified; and

(b)

obtained its consent in writing.

(3)

Where the RQIA refuses to give its consent under this Article, it shall inform the applicant by a notice which states—

(a)

the reason for the refusal;

(b)

the applicant's right to appeal under Article 94A against the refusal to the Care Tribunal; and

(c)

the time within which he may do so.

(4)

Any person who contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

(5)

Where a person contravenes paragraph (2) he shall not be guilty of an offence if he proves that he did not know, and had no reasonable grounds for believing, that the person whom he was employing was disqualified under Article 109.

Annotations

Textual amendments

F1: Words in Order substituted (11.4.2014) by Health and Social Care (Amendment) Act (Northern Ireland) 2014 (c. 5), Sch. para. 1(1)(b) (with Sch. para. 1(2))
F2: 2003 NI 9
F3: 2003 NI 9

Notes on Part IX

Textual amendments

F1: 2003 NI 9