Health Act 2007

79

Offences.

79.— (1) A person is guilty of an offence if the person—

(a) fails to discharge a duty to which the person is subject under section 69(3), or

(b) contravenes section 46, 47, F100[77 or 77B] .

(2) A registered provider carrying on the business of a designated centre is guilty of an offence if the registered provider—

(a) fails to discharge a duty to which the registered provider is subject under F100[section 56(1), 65 or 65A],

(b) contravenes section 56(2), (3) or (4), F101[65B] or 66(1),

(c) fails to discharge a duty to which the registered provider is subject under a provision of the regulations,

(d) contravenes a provision of the regulations, or

(e) fails to comply with a condition of the registration of the designated centre.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

(4) A registered provider guilty of an offence under subsection (2) is liable—

(a) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine not exceeding €70,000 or imprisonment for a term not exceeding 2 years or both.

Annotations

Amendments:

F100

Substituted (23.09.2024) by Health (Miscellaneous Provisions) (No. 2) Act 2024 (29/2024), s. 17(a), (b)(i), S.I. No. 461 of 2024.

F101

Inserted (23.09.2024) by Health (Miscellaneous Provisions) (No. 2) Act 2024 (29/2024), s. 17(b)(ii), S.I. No. 461 of 2024.

Editorial Notes:

E36

A fine of €5,000 translates into a Class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(2) and table ref. no. 1, S.I. No. 662 of 2022.