Care Standards Bill [H.L.] - continued        House of Lords
PART II, ESTABLISHMENTS AND AGENCIES - continued
Offences - continued

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Holding out premises as an establishment or agency.     25. - (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.
 
Failure to display certificate of registration.     26. - (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.     27. 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 92 for the time being discharging, the Secretary of State; or
 
    (b) the Assembly.
Offences by bodies corporate.     28. - (1) This section applies where any offence under this Part or regulations made under it is committed by a body corporate.
 
      (2) If the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
 
 
    (a) any director, manager, or secretary of the body corporate; or
 
    (b) any person who was purporting to act in any such capacity,
  he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
 
      (3) The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference-
 
 
    (a) to any other similar officer of the body; and
 
    (b) where the body is a local authority, to any officer of the authority.
 
Miscellaneous and supplemental
Inspections by persons authorised by registration authority.     29. - (1) The registration authority may at any time require a person who carries on or manages an establishment or agency to provide it with any information relating to the establishment or agency which the registration authority considers it necessary or expedient to have for the purposes of its functions under this Part.
 
      (2) A person authorised by the registration authority may at any time enter and inspect premises which are used, or which he has reasonable cause to believe to be used, as an establishment or for the purposes of an agency.
 
      (3) A person authorised by virtue of this section to enter and inspect premises may-
 
 
    (a) make any examination into the state and management of the premises and treatment of patients or persons accommodated or cared for there which he thinks appropriate;
 
    (b) inspect and take copies of any records (other than medical records) required to be kept in accordance with regulations under this Part, section 9(2) of the Adoption Act 1976, section 23(2)(a) or 59(2) of the 1989 Act or section 1(3) of the Adoption (Intercountry Aspects) Act 1999;
 
    (c) where those records are kept by means of a computer, require the records to be produced in a form in which they can be taken away;
 
    (d) interview the manager or the person carrying on the establishment or agency;
 
    (e) interview in private any person employed there;
 
    (f) interview in private any patient or person accommodated or cared for there who consents to be interviewed.
      (4) Subsection (5) applies where the premises in question are used as an establishment and the person so authorised-
 
 
    (a) is a medical practitioner or registered nurse; and
 
    (b) has reasonable cause to believe that a patient or person accommodated or cared for there is not receiving proper care.
      (5) The person so authorised may, with the consent of the person mentioned in subsection (4)(b), examine him in private and inspect any medical records relating to his treatment in the establishment.
 
      (6) The Secretary of State may by regulations require the Commission to arrange for premises which are used as an establishment or for the purposes of an agency to be inspected on such occasions or at such intervals as may be prescribed.
 
      (7) A person who proposes to exercise any power of entry or inspection conferred by this section shall if so required produce some duly authenticated document showing his authority to exercise the power.
 
      (8) Any person who-
 
 
    (a) intentionally obstructs the exercise of any power conferred by this section or section 30; or
 
    (b) fails without a reasonable excuse to comply with any requirement under this section or that section,
  shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
 
 
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