Modifications etc. (not altering text)
C1Pt. 2 restricted (7.12.2004) by Adoption and Children Act 2002 (c. 38), ss. 2(4), 148 (with Sch. 4 paras. 1, 6-8); S.I. 2004/3203, art. 2
C2Pt. 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)
C3Pt. 2 modified (W.) (30.4.2003) by The Care Standards Act 2000 (Commencement No. 10) and Transitional Provisions (Wales) Order 2003 (S.I. 2003/152), art. 3
C4Pt. 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
C5Pt. 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
C6Pt. 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
C7Pt. 2 applied (with modifications) (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 39, Sch. 4
C8Pt. 2 applied in part (with modifications) (E.) (28.4.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(2), 43(1), Sch. 4 (with reg. 44)
(1)A person who, with intent to deceive any person—
(a)applies any name to premises in England or Wales; or
(b)in any way describes such premises or holds such premises out,
so as to indicate, or reasonably be understood to indicate, that the premises are an establishment, or an agency, of a particular description shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale unless registration has been effected under this Part in respect of the premises as an establishment or agency of that description.
[F1(1A)If a person's registration under this Part has been suspended, the registration is to be treated for the purposes of subsection (1) as if it had not been effected.]
(2)References to premises in subsection (1) shall be taken to include references to an undertaking or organisation.
(3)No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.
(4)A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Textual Amendments
F1S. 26(1A) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 166, 170(3), Sch. 5 para. 23; S.I. 2009/462, art. 2, Sch. 1 para. 35
Modifications etc. (not altering text)
C9S. 26 applied (with modifications) (1.7.2013) by The Residential Holiday Schemes for Disabled Children (England) Regulations 2013 (S.I. 2013/1394), reg. 1(1), Sch. 7 para. 13 (with reg. 1(2))
C10S. 26 applied in part (with modifications) (28.10.2023) by The Supported Accommodation (England) Regulations 2023 (S.I. 2023/416), regs. 1(3), 43(2), Sch. 5 (with reg. 44)
Commencement Information
I1S. 26 partly in force; s. 26 not in force at Royal Assent see s. 122; s. 26 in force for E. at 1.4.2002 by S.I. 2001/3852, arts. 1(4), 3(2)(7)(f) (subject to transitional provisions in Sch. 1 and with transitional provisions in Sch. 2) (as amended by S.I. 2001/4150, 2002/1493, 2002/1790, 2002/2001, 2002/3210); s. 26 in force for W. for certain purposes at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)(5) and to transitional provisions in Schs. 1-3); s. 26 in force for W. for certain purposes at 30.1.2003 by S.I. 2003/152, art. 2; s. 26 in force for W. for certain purposes at 2.10.2003 by S.I. 2003/2528, art. 2; s. 26 in force for W. for certain purposes at 1.4.2004 by S.I. 2004/1015, art. 2; s. 26 in force for W. for certain purposes at 7.4.2004 by S.I. 2004/1730, art. 2