131Compliance and enforcement information

131 Compliance and enforcement information

(1) For the purposes of section 165(3)(a) of the Act, the information set out in subregulation (3) in relation to any enforcement action set out in subregulation (2) is prescribed.

(2) The enforcement actions are—

(a) a prosecution for an offence against the Act or these Regulations leading to a conviction or finding of guilt or a plea of guilty; and

(b) the acceptance by the Regulatory Authority of an enforceable undertaking; and

(c) the giving of a compliance notice; and

(d) the suspension or cancellation (other than a voluntary suspension or surrender) of a provider approval or service approval; and

(e) an amendment made to a provider approval or service approval for purposes of enforcement; and

(f) the giving of an emergency action notice under section 118 of the Act.

(3) The following information may be published—

(a) the nature of the enforcement action;

(b) where enforcement action has been taken against the approved provider and if the Regulatory Authority is satisfied that it is in the public interest to do so, information which identifies a person with management or control of a children's service;

(c) the details of the person in relation to whom the enforcement action was taken, including—

(i) the name and provider approval number of the approved provider; and

(ii) the address of the service; and

(iii) the name by which the service is known; and

(iv) for an individual, the name of the individual;

(d) the reason for taking the enforcement action, including details of the contravention or alleged contravention by the person of the Act or these Regulations and the provision that was contravened or alleged to be contravened;

(e) details of the enforcement action taken, including—

(i) for a prosecution leading to a conviction or finding of guilt or a plea of guilty—

(A) the provision of the Act or these Regulations that the person was convicted or found guilty of, or pleaded guilty to, contravening; and

(B) the date of the conviction, finding of guilt or the making of the plea of guilty for the offence; and

(C) any penalty imposed for the offence; and

(D) information about any steps taken to remedy the subject of the prosecution and the date the steps were taken; and

(ii) for an enforceable undertaking—

(A) the terms of the enforceable undertaking; and

(B) the date of the enforceable undertaking; and

(C) information about any steps taken to remedy the subject of the enforceable undertaking and the date the steps were taken; and