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Amendment of section 31 of Child Care Act 1991
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9. Section 31 of the Act of 1991 is amended—
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(a) in subsection (1), by substituting “shall be published or broadcast” for “shall be published in a written publication available to the public or be broadcast”,
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(b) in subsection (3)—
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(i) in paragraph (c), by substituting “any person” for “any body corporate”, and
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(ii) by substituting the following for “shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or both”:
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shall be guilty of an offence and shall be liable—
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(i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or
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(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or both”,
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and
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(c) by inserting the following subsection after subsection (3):
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“(3A) (a) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
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(b) Where the affairs of a body corporate are managed by its members, paragraph (a) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.”.
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