Part 4Public health functions of health boards
Breach of orders and offences
I170Failure to ensure child's compliance with order
1
This section applies where an order mentioned in subsection (2) is made in relation to a person who is under 16 (a “child”).
2
The order referred to in subsection (1) is—
a
an exclusion order;
b
a restriction order; or
c
a quarantine order.
3
A parent of the child who—
a
has day-to-day care or control of the child; and
b
fails, without reasonable excuse, to ensure that the child does not breach the order,
commits an offence.
4
Where there is no such parent, a person mentioned in subsection (5) who fails, without reasonable excuse, to ensure that the child does not breach the order commits an offence.
5
The person referred to in subsection (4) is a person who—
a
is 16 or over; and
b
has day-to-day care or control of the child otherwise than—
i
by virtue of a contract of employment or other contract with any person; or
ii
as a volunteer for a voluntary organisation.
6
In proceedings for an offence under subsection (3) or (4), it is a defence for the person to prove that the person exercised all due diligence and took all reasonable steps to avoid committing the offence.