Modifications etc. (not altering text)
C1Pt. 4 Ch. 1 modified (22.12.2014) by The Education and Skills Act 2008 (Commencement No. 11 and Saving and Transitory Provisions) Order 2014 (S.I. 2014/3364), art. 3(2)
C2Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(e), 70(2); S.I. 2018/346, reg. 4(f)
C3Pt. 4 Ch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(e), 70(2); S.I. 2018/346, reg. 4(e)
(1)This section applies where the proprietor of an institution is subject to a relevant restriction imposed by the Secretary of State under section 116(1)(a).
(2)If the proprietor fails to comply with the relevant restriction the proprietor is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
(3)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44), for “51 weeks” in subsection (2) substitute “ six months ”.
(4)The proprietor may apply to the Secretary of State for the restriction to be varied or revoked.
(5)On an application under subsection (4) the Secretary of State must—
(a)vary or revoke the restriction as requested in the application, if the Secretary of State is satisfied that it is appropriate to do so because of any change of circumstance, and
(b)in any other case, refuse to do so.
(6)The Secretary of State must notify the proprietor of the decision made under subsection (5).
(7)A decision to vary or revoke the restriction has effect as from the date on which the proprietor receives notice of it.
Commencement Information
I1S. 118 in force at 5.1.2015 by S.I. 2014/3364, art. 2(n)