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Offences in connection with the receiving of children. 9.(1) A person shall be guilty of an offence under this Part if (a)being required under any of the foregoing provisions of this Part to serve any notice he fails to serve the notice within the period specified for the purposes of that provision; or (b)in any such notice he knowingly or recklessly makes any statement which is false in a material particular or in a material respect misleading; or (c)he undertakes the care and maintenance of a child in circumstances such that subsection (2) of section 1 applies without obtaining the consent of [the Ministry of Home Affairs] under paragraph (b) of that subsection; or (d)he contravenes the requirements of section 3; or (e)he does not comply with an order under section 8; or (f)he wilfully obstructs any person in the execution of such an order. (2) Where a child in connection with whom an offence under subsection (1) is committed was a child for whose care and maintenance the consideration consisted in whole or in part of a lump sum, the person who is guilty of the offence shall, in addition to any other penalty under this Part, be liable to forfeit that sum or such less sum as the court having cognizance of the case may deem just, and the sum forfeited shall be applied for the benefit of the child in such manner as the court may direct; and where any such sum is ordered to be forfeited the order may be enforced as though the sum were a sum adjudged to be paid by a conviction. (3) An offence committed by virtue of any failure to give a notice under section 1(2) or under subsection (1) or, in the case of a person receiving a child, subsection (2) of section 5 shall, for the purposes of section 34 of the Magistrates' Courts Act (Northern Ireland) 1964 (time limit for complaint charging summary offence) be deemed to continue so long as the child in respect of whom the notice ought to have been given remains in the care of the offender without any such notice having been given.
© 1968 Crown Copyright
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URL: http://www.bailii.org/nie/legis/num_act/caypai1968438/s9.html