Regulation 11 Offence

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 11(2) words substituted by Education and Inspections Act 2006 (Consequential Amendments) 2007 reg. 9(b)(i)
reg. 11(2)(a) substituted by Care Standards Act 2000 (Establishments and Agencies) 2002 reg. 9(3)(a)
reg, 11(2)(b) word revoked by Care Standards Act 2000 (Establishments and Agencies) 2002 reg. 9(3)(b)
reg, 11(2)(c) revoked by Care Standards Act 2000 (Establishments and Agencies) 2002 reg. 9(3)(b)
reg, 11(3) revoked by Care Standards Act 2000 (Establishments and Agencies) 2002 reg. 9(3)(b)

(1)

A failure to comply with regulation 10 shall be an offence.

(2)

The Commission shall not bring proceedings against a person in respect of any failure to comply with that regulation unless—

(a)

notice has been given to him in accordance with paragraph (3);

(b)

the period specified in the notice, beginning with the date of the notice, has expired; and

(c)

the person fails to comply with that regulation.

(3)

Where the Commission considers that the person has failed to comply with regulation 10, it may serve a notice on the person specifying—

(a)

in what respect in its opinion the person has failed or is failing to comply with the requirements of that regulation;

(b)

what action, in the opinion of the Commission, the person should take so as to comply with that regulation; and

(c)

the period, not exceeding three months, within which the person should take action.