Child Care Act 1991

F187 [ Offences.

23W

23W. (1) Any person

( a ) who while arranging or undertaking a private foster care arrangement does not notify the F188 [ Child and Family Agency ] under section 23P ,

( b ) who contravenes subsection (2) or (3) of section 23R ,

( c ) who refuses to allow an authorised officer to enter any premises in accordance with subsection (1) or (2) of section 23T or obstructs or impedes an authorised officer in the exercise of his or her powers under that section,

( d ) who while arranging or undertaking a private foster care arrangement knowingly or wilfully makes or causes or procures any other person to make a false or misleading statement to the F188 [ Child and Family Agency ] ,

( e ) who contravenes section 23V(1) , or

( f ) who does not comply with an order under paragraph (ii) or (iii) of section 23U or under section 23V(3) ,

is guilty of an offence and liable on summary conviction to a fine not exceeding £ 1,500.

(2) Where a person is convicted of an offence under this section, the District Court may by order prohibit the person from arranging or undertaking a private foster care arrangement for such period as may be specified in the order. ]

Annotations:

Amendments:

F187

Part IVB (ss. 23O-23X) inserted (23.09.2004) by Children Act 2001 (24/2001), s. 16, S.I. No. 548 of 2004.

F188

Substituted (1.01.2014) by Child and Family Agency Act 2013 (40/2013), s. 97 and sch. 2, part 4 item 1, S.I. No. 502 of 2013.

Modifications (not altering text):

C18

Application of subs. (1) affected (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2), (3), S.I. No. 662 of 2010. The Euro equivalent of £1,500 is €1,904.61.

Definitions.

3.— In this Part— ...

“class B fine” means a fine not exceeding €4,000;

...

Class B fines.

5.— ...

(2) Subject to subsection (3), where an enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that falls within the range of amounts specified in column (3) of the Table opposite the same reference number, a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine, but shall instead be liable to a class B fine.

(3) Where an enactment enacted before the commencement date provides that a person who commits an offence under the enactment shall be liable, upon summary conviction, to a fine not exceeding an amount that—

( a) was provided for by virtue of a subsequent enactment enacted during a period specified in column (2) of the Table opposite a particular reference number specified in column (1) of the Table, and

( b) falls within the range of amounts specified in column (3) of the Table opposite the same reference number,

a person who commits that offence after the commencement date shall, upon summary conviction, not be liable to that fine but shall instead be liable to a class B fine.

TABLE

Reference Number

(1)

Period

(2)

Range of amounts

(3)

...

...

...

2.

1 January 1990 to 31 December 1996

Not greater than €2,769 but greater than €1,731

...

...

...

...

Editorial Notes:

E88

Previous affecting provision: “Health Service Executive” substituted for “health board” (1.01.2005) by Health Act 2004 (42/2004), s. 75 and sch. 7, pt. 6, item 36, S.I. No. 887 of 2004; substituted as per F-note above.