Care Standards Bill - continued        House of Commons
PART II, ESTABLISHMENTS AND AGENCIES - continued
Regulations and standards - continued

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National minimum standards.     23. - (1) The appropriate Minister may prepare and publish statements of national minimum standards applicable to establishments or agencies.
 
      (2) The appropriate Minister shall keep the standards set out in the statements under review and may publish amended statements whenever he considers it appropriate to do so.
 
      (3) Before issuing a statement, or an amended statement which in the opinion of the appropriate Minister effects a substantial change in the standards, the appropriate Minister shall consult any persons he considers appropriate.
 
      (4) The standards shall be taken into account-
 
 
    (a) in the making of any decision by the registration authority under this Part;
 
    (b) in any proceedings for the making of an order under section 20;
 
    (c) in any proceedings on an appeal against such a decision or order; and
 
    (d) in any proceedings for an offence under regulations under this Part.
 
Offences
Failure to comply with conditions.     24. If a person registered in respect of an establishment or agency fails, without reasonable excuse, to comply with any condition for the time being in force by virtue of this Part in respect of the establishment or agency, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
 
Contravention of regulations.     25. - (1) Regulations under this Part may provide that a contravention of or failure to comply with any specified provision of the regulations shall be an offence.
 
      (2) A person guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
 
False descriptions of establishments and agencies.     26. - (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.
 
      (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.
 
False statements in applications.     27. - (1) Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.
 
      (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
 
Failure to display certificate of registration.     28. - (1) A certificate of registration issued under this Part in respect of any establishment or agency shall be kept affixed in a conspicuous place in the establishment or at the agency.
 
      (2) If default is made in complying with subsection (1), any person registered in respect of the establishment or agency shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
 
Proceedings for offences.     29. - (1) Proceedings in respect of an offence under this Part or regulations made under it shall not, without the written consent of the Attorney General, be taken by any person other than-
 
 
    (a) the Commission or, in relation to any functions of the Commission which the Secretary of State is by virtue of section 112 for the time being discharging, the Secretary of State; or
 
    (b) the Assembly.
      (2) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.
 
 
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