(1) No person shall register or operate a Charitable Children’s Institution except as provided in law.
(2) The Council shall—
(a) keep and maintain a register of all Charitable Children’s Institutions registered or approved by the Council prior to the commencement of this Act;
(b) prescribe the minimum standards and conditions for operation of existing Charitable Children’s Institutions
(3) An existing Charitable Children’s Institution shall ensure that every employee of the institution holds a valid certificate ascertaining that they have no pending criminal investigations;
(4) Without prejudice to the generality of subsection (2), the Council—
(a) shall inspect and assess whether the facilities and operations of existing Charitable Children’s Institution conform to the minimum standards and conditions set out in this Act and the regulations;
(b) may deregister a non-compliant existing Charitable Children’s
Institution.
(5) Any person who—
(a) operates an existing Charitable Children’s Institution contrary to the provisions of this Act;
(b) admits a child to the care of an existing Charitable Children’s Institution which is not approved by the Council; or
(c) implements or attempts to implement a children’s welfare programme, or to operate a Charitable Children’s Institution in the name of a Public Benefits Organisation, religious organisation or other association, whether incorporated or unincorporated, or otherwise in contravention of this subsection,
commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five million shillings, or to both.
(2) The Council shall—
(a) keep and maintain a register of all Charitable Children’s Institutions registered or approved by the Council prior to the commencement of this Act;
(b) prescribe the minimum standards and conditions for operation of existing Charitable Children’s Institutions
(3) An existing Charitable Children’s Institution shall ensure that every employee of the institution holds a valid certificate ascertaining that they have no pending criminal investigations;
(4) Without prejudice to the generality of subsection (2), the Council—
(a) shall inspect and assess whether the facilities and operations of existing Charitable Children’s Institution conform to the minimum standards and conditions set out in this Act and the regulations;
(b) may deregister a non-compliant existing Charitable Children’s
Institution.
(5) Any person who—
(a) operates an existing Charitable Children’s Institution contrary to the provisions of this Act;
(b) admits a child to the care of an existing Charitable Children’s Institution which is not approved by the Council; or
(c) implements or attempts to implement a children’s welfare programme, or to operate a Charitable Children’s Institution in the name of a Public Benefits Organisation, religious organisation or other association, whether incorporated or unincorporated, or otherwise in contravention of this subsection,
commits an offence and shall, on conviction, be liable to imprisonment for a term not exceeding five years or to a fine not exceeding five million shillings, or to both.
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