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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 13 : Child and Youth Care Centres

Part 1 : Establishment and registration of child and youth care centre

204. 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 child and youth care centre—
(i) to stop operating that centre; or
(ii) to apply for registration in terms of section 199 within a period specified in the notice; or
(b) a person or organisation operating a registered child and youth care centre 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 child and youth care centre 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 197 regarding the establishment of child and youth care centres, be given permission by the provincial head of social development to continue operating the centre during that period and, if that person or organization applies for registration, until that application has been finalised.

 

(3) The Director-General or the provincial head of social development may apply to the High Court for an order to instruct a person or organization operating a child and youth care centre, whether registered or not, to stop operating that centre.

 

(4) The High Court may grant an order for costs against the person or organisation referred to in subsection (3) if so requested by the Director-General or provincial head of social development.