Legislation – Care Act 2014
Changes to legislation:
Care Act 2014, Section 94 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 94:
- s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 15(2)–(3B) substituted for s. 15(2)(3) by 2022 c. 31 s. 166(2)
- s. 26(1)–(2A) substituted for s. 26(1)(2) by 2022 c. 31 s. 166(4)
PART 2Care standards
False or misleading information
94Offences by bodies
(1)
Subsection (2) applies where an offence under section 92(1) is committed by a body corporate and it is proved that the offence is committed by, or with the consent or connivance of, or is attributable to neglect on the part of—
(a)
a director, manager or secretary of the body, or
(b)
a person purporting to act in such a capacity.
(2)
The director, manager, secretary or person purporting to act as such (as well as the body) is guilty of the offence and liable to be proceeded against and punished accordingly (but section 93(2) does not apply).
(3)
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
(a)
to any other similar officer of the body, and
(b)
where the body is a local authority, to a member of the authority.
(4)
Proceedings for an offence under section 92(1) alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members); and rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.
(5)
In proceedings for an offence under section 92(1) brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply as they apply in relation to a body corporate.
(6)
A fine imposed on an unincorporated association on its conviction for an offence under section 92(1) is to be paid out of the funds of the association.
(7)
Subsection (8) applies if an offence under section 92(1) is proved—
(a)
to have been committed by, or with the consent or connivance of, an officer of the association or a member of its governing body, or
(b)
to be attributable to neglect on the part of such an officer or member.
(8)
The officer or member (as well as the association) is guilty of the offence and liable to be proceeded against accordingly (but section 93(2) does not apply).