Health and Social Care Professionals Act 2005

Offences.

80

80.—(1) A person is guilty of an offence if F93 [ ] he or she—

( a) contravenes section 79(4) ,

( b) falsely represents himself or herself to be registered in a register maintained by a registration board under this Act, or

( c) being registered in a division of a register maintained by a registration board under this Act, falsely represents himself or herself to be registered in a division of that register other than the division in which he or she is registered.

(2) A person is guilty of an offence if he or she F93 [ ] causes or permits another person to make representations about the first mentioned person that, if made by himself or herself F93 [ ], would be an offence under subsection (1).

(3) A person is guilty of an offence if he or she, with intent to deceive, makes with regard to another person any representation that—

( a) he or she knows to be false, and

( b) if made by the other person would be an offence by the other person under subsection (1).

(4) A person is guilty of an offence if he or she makes or causes to be made any false declaration or misrepresentation for the purpose of obtaining registration under this Act.

F94 [ (5) A person guilty of an offence under this section is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months or both. ]

F95 [ (6) It shall be a defence in proceedings for an offence under subsection (1)(a) or (2) for the person charged with the offence to prove that the person took all reasonable steps to avoid the commission of the offence.

(7) Where a person is convicted of an offence under this section, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence. ]

Annotations:

Amendments:

F93

Deleted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 33(a), (b), S.I. No. 588 of 2014.

F94

Substituted (1.02.2013) by Health and Social Care Professionals (Amendment) Act 2012 (46/2012), s. 13, S.I. No. 23 of 2013.

F95

Inserted (31.12.2014) by Health (Miscellaneous Provisions) Act 2014 (33/2014), s. 33(c), S.I. No. 588 of 2014.