Children's Act, 2005 (Act No. 38 of 2005)Chapter 5 : Partial Care85. Notice of enforcement |
| (1) | A provincial head of social development may by way of a written notice of enforcement instruct— |
| (a) | a person or organisation operating an unregistered partial care facility— |
| (i) | to stop operating that facility; or |
| (ii) | to apply for registration in terms of section 81 within a period specified in the notice; or |
| (b) | a person or organisation operating a registered partial care facility otherwise than in accordance with the provisions of this Act or any conditions subject to which the registration was issued, to comply with those provisions or conditions. |
| (2) | A person or organisation operating an unregistered partial care facility and who is instructed in terms of subsection (1)(a)(ii) to apply for registration within a specified period, may, despite the provisions of section 80, continue operating the facility during that period and, if that person or organisation applies for registration, until that application has been processed. |
| (3) | The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a partial care facility, whether registered or not, to stop operating that facility. |
| (4) | The High Court may grant an order for costs against the owner or manager of the partial care facility referred to in subsection (3) if so requested by the Director-General or provincial head of social development. |