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NURSING HOMES AND NURSING AGENCIES ACT (NORTHERN IRELAND) 1971 - SECT 16

16.(1) Any person who carries on a nursing agency in contravention of
section 11(3), or without a licence issued under section 12, shall be guilty
of an offence and shall be liable on summary conviction to a fine not
exceeding #50 and, if he continues to carry on the agency after conviction for
such an offence, to an additional fine not exceeding #5 for each day on which
he so continues to carry on the agency.

(2) Any person who carries on a nursing agency otherwise than in accordance
with the conditions of his licence shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding #5 and, if the
contravention in respect of which he has been convicted is continued after the
conviction, to an additional fine not exceeding #2 for each day on which the
contravention is so continued.

(3) Any person carrying on a nursing agency who, in carrying on that agency,
supplies any person in contravention of section 11(1) shall be guilty of an
offence and shall be liable on summary conviction to a fine not exceeding #50.

(4) Any person who

(a)makes, or causes or knowingly permits to be made, any entry in a record
required to be kept under this Part which he knows to be false in a material
particular; or

(b)for purposes connected with this Part, produces or furnishes, or causes or
knowingly permits to be produced or furnished, any record or information which
he knows to be false in a material particular; or

(c)for the purpose of obtaining a licence under section 12, makes any
statement which he knows to be false in a material particular, or recklessly
makes any statement which is false in a material particular;

(5) Any person who commits any contravention of this Part for which a special
penalty is not provided by the foregoing provisions of this section shall be
guilty of an offence and shall be liable on summary conviction to a fine not
exceeding #10.

(6) Where the person carrying on a nursing agency is convicted under this
section of an offence committed in the carrying on of that agency on any
premises, the court may (in lieu of, or in addition to, imposing any other
penalty) make an order revoking the licence, if any, issued under section 12
authorising the carrying on of that agency on those premises.

(7) Where any offence under this section by a body corporate is proved to have
been committed with the consent or connivance of any director, manager,
secretary or other officer of the body, he, as well as the body corporate,
shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.

(8) Where any person is convicted of an offence under this section, the proper
officer of the court by which that person is convicted shall forthwith send to
the Ministry notice of that conviction.

© 1971 Crown Copyright

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