Office of Public Sector Information
(1) There is to be a body corporate known as the Care Quality Commission (referred to in this Part as “the Commission”).
(2) The Commission for Healthcare Audit and Inspection, the Commission for Social Care Inspection and the Mental Health Act Commission are dissolved.
(3) Schedule 1 (which makes further provision about the Care Quality Commission) has effect.
(1) The Commission has the functions conferred on it by or under any enactment.
(2) Those functions include—
(a) registration functions under Chapter 2,
(b) review and investigation functions under Chapter 3, and
(c) functions under the Mental Health Act 1983 (c. 20).
(1) The main objective of the Commission in performing its functions is to protect and promote the health, safety and welfare of people who use health and social care services.
(2) The Commission is to perform its functions for the general purpose of encouraging—
(a) the improvement of health and social care services,
(b) the provision of health and social care services in a way that focuses on the needs and experiences of people who use those services, and
(c) the efficient and effective use of resources in the provision of health and social care services.
(3) In this Chapter “health and social care services” means the services to which the Commission’s functions relate.
(1) In performing its functions the Commission must have regard to—
(a) views expressed by or on behalf of members of the public about health and social care services,
(b) experiences of people who use health and social care services and their families and friends,
(c) views expressed by local involvement networks about the provision of health and social care services in their areas,
(d) the need to protect and promote the rights of people who use health and social care services (including, in particular, the rights of children, of persons detained under the Mental Health Act 1983, of persons who are deprived of their liberty in accordance with the Mental Capacity Act 2005 (c. 9), and of other vulnerable adults),
(e) the need to ensure that action by the Commission in relation to health and social care services is proportionate to the risks against which it would afford safeguards and is targeted only where it is needed,
(f) any developments in approaches to regulatory action, and
(g) best practice among persons performing functions comparable to those of the Commission (including the principles under which regulatory action should be transparent, accountable and consistent).
(2) In performing its functions the Commission must also have regard to such aspects of government policy as the Secretary of State may direct.
(3) In subsection (1)(c), “local involvement network” has the meaning given by section 222(2) of the Local Government and Public Involvement in Health Act 2007 (c. 28).
(1) The Commission must publish a statement describing how it proposes to—
(a) promote awareness among service users and carers of its functions,
(b) promote and engage in discussion with service users and carers about the provision of health and social care services and about the way in which the Commission exercises its functions,
(c) ensure that proper regard is had to the views expressed by service users and carers, and
(d) arrange for any of its functions to be exercised by, or with the assistance of, service users and carers.
(2) The Commission may from time to time revise the statement and must publish any revised statement.
(3) Before publishing the statement (or revised statement) the Commission must consult such persons as it considers appropriate.
(4) In this section—
(a) “service users” means people who use health or social care services, and
(b) “carers” means people who care for service users as relatives or friends.
Schedule 2 (which makes provision for the transfer of property, rights and liabilities) has effect.
In this Chapter “health and social care services” has the meaning given by section 3(3).
(1) In this Part “regulated activity” means an activity of a prescribed kind.
(2) An activity may be prescribed for the purposes of subsection (1) only if—
(a) the activity involves, or is connected with, the provision of health or social care in, or in relation to, England, and
(b) the activity does not involve the carrying on of any establishment or agency, within the meaning of the Care Standards Act 2000 (c. 14), for which Her Majesty’s Chief Inspector of Education, Children’s Services and Skills is the registration authority under that Act.
(3) For the purposes of subsection (2), activities connected with the provision of health or social care include, in particular—
(a) the supply of staff who are to provide such care;
(b) the provision of transport or accommodation for those who require such care;
(c) the provision of advice in respect of such care.
(1) This section has effect for the interpretation of this Part.
(2) “Health care” includes all forms of health care provided for individuals, whether relating to physical or mental health, and also includes procedures that are similar to forms of medical or surgical care but are not provided in connection with a medical condition.
(3) “Social care” includes all forms of personal care and other practical assistance provided for individuals who by reason of age, illness, disability, pregnancy, childbirth, dependence on alcohol or drugs, or any other similar circumstances, are in need of such care or other assistance.
(4) “Health or social care” means health care or social care.
(1) Any person who carries on a regulated activity without being registered under this Chapter in respect of the carrying on of that activity is guilty of an offence.
(2) The Secretary of State may by regulations make provision for the purposes of this Chapter for determining, in relation to a regulated activity carried on by two or more persons acting in different capacities, which of those persons is to be regarded as the person who carries on the activity.
(3) In the following provisions of this Part, the registration of a person under this Chapter in respect of the carrying on of a regulated activity by that person is referred to as registration “as a service provider” in respect of that activity.
(4) A person guilty of an offence under this section is liable—
(a) on summary conviction, to a fine not exceeding £50,000, or to imprisonment for a term not exceeding 12 months, or to both;
(b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or to both.
(5) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(a) to 12 months is to be read as a reference to 6 months.
(1) A person seeking to be registered under this Chapter as a service provider must make an application to the Commission.
(2) The application must be made in such form, and contain or be accompanied by such information, as the Commission requires.
(3) In such cases as the Commission may determine, a person seeking to be registered as a service provider in respect of two or more regulated activities may make a single application in respect of them.
(1) Subsections (2) to (4) apply where an application under section 11 has been made in accordance with the provisions of this Chapter with respect to a regulated activity.
(2) If the Commission is satisfied that—
(a) the requirements of regulations under section 20, and
(b) the requirements of any other enactment which appears to the Commission to be relevant,
are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application; otherwise it must refuse it.
(3) The application may be granted either unconditionally or subject to such conditions as the Commission thinks fit.
(4) On granting the application, the Commission must issue a certificate of registration to the applicant.
(5) The Commission may at any time—
(a) vary or remove any condition for the time being in force in relation to a person’s registration as a service provider, or
(b) impose any additional condition.
(6) Subsections (3) and (5) have effect subject to section 13.
(1) The registration under this Chapter of a person (“S”) as a service provider in respect of a regulated activity must in prescribed cases be subject to a registered manager condition.
(2) In deciding whether to impose a registered manager condition under section 12(3) or (5), in a case where subsection (1) does not require such a condition to be imposed, the Commission must have regard to prescribed matters.
(3) For the purposes of this Chapter, a registered manager condition is a condition that the activity as carried on by S, or the activity as carried on by S at or from particular premises, must be managed by an individual who is registered under this Chapter as a manager in respect of the activity, or the activity as carried on at or from those premises.
(1) A person seeking to be registered under this Chapter as a manager in respect of a regulated activity in respect of which a registered manager condition has, or is to have, effect must make an application to the Commission.
(2) The application must be made in such form, and contain or be accompanied by such information, as the Commission requires.
(3) In such cases as the Commission may determine, a person seeking to be registered as a manager in respect of two or more regulated activities carried on by a person registered as a service provider may make a single application in respect of them.
(1) Subsections (2) to (4) apply where an application under section 14 has been made in accordance with the provisions of this Chapter with respect to a regulated activity in respect of which a person is registered under this Chapter as a service provider and in respect of which a registered manager condition has effect.
(2) If the Commission is satisfied that—
(a) the requirements of regulations under section 20, and
(b) the requirements of any other enactment which appears to the Commission to be relevant,
are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity, it must grant the application; otherwise it must refuse it.
(3) The application may be granted either unconditionally or subject to such conditions as the Commission thinks fit.
(4) On granting the application, the Commission must issue a certificate of registration to the applicant.
(5) The Commission may at any time—
(a) vary or remove any condition for the time being in force in relation to a person’s registration as a manager, or
(b) impose any additional condition.
Regulations may make provision for the purposes of this Chapter about—
(a) the keeping by the Commission of registers,
(b) the making of applications for registration as a service provider or manager,
(c) the registration of persons as service providers or managers, and
(d) the notification by registered persons to the Commission of an address for service of documents.
(1) The Commission may at any time cancel the registration of a person (“R”) under this Chapter as a service provider or manager in respect of a regulated activity—
(a) on the ground that R has been convicted of, or admitted, a relevant offence;
(b) on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity;
(c) on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;
(d) on the ground that R has failed to comply with a requirement imposed by or under Chapter 6;
(e) on any ground specified by regulations.
(2) The Commission must cancel the registration of a person under this Chapter as a manager in respect of a regulated activity if—
(a) no-one is registered under this Chapter as a service provider in respect of the activity, or
(b) the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition.
(3) For the purposes of this section, the following are relevant offences—
(a) a Part 1 offence,
(b) an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it,
(c) an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, and
(d) any other offence which appears to the Commission to be relevant.
(4) In this section “relevant requirements” means—
(a) any requirements or conditions imposed by or under this Chapter, and
(b) the requirements of any other enactment which appears to the Commission to be relevant.
(1) The Commission may at any time suspend a person’s registration under this Chapter as a service provider or manager for a specified period.
(2) Except where the Commission gives notice under section 31, the power conferred by subsection (1) is exercisable only on the ground that—
(a) the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements, or
(b) the person has failed to comply with a requirement imposed by or under Chapter 6.
(3) The suspension of a person’s registration does not affect the continuation of the registration (but see sections 34 and 36 as to offences).
(4) A period of suspension may be extended under subsection (1) on one or more occasions.
(5) In this section “relevant requirements” has the same meaning as in section 17.
(1) Except in case A or B, a person registered under this Chapter as a service provider or manager (“R”) may apply to the Commission—
(a) for the variation or removal of any condition for the time being in force in relation to the registration, other than a registered manager condition required by section 13(1),
(b) for the cancellation of the registration, or
(c) for the cancellation of, or the variation of the period of, any suspension of the registration.
(2) Case A is where—
(a) the Commission has given R notice under section 26(4)(a) of a proposal to cancel the registration, and
(b) the Commission has not decided not to take that step.
(3) Case B is where—
(a) the Commission has given R notice under section 28(3) of its decision to cancel the registration, and
(b) either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.
(4) An application under subsection (1) must be made in such form, and contain or be accompanied by such information, as the Commission requires.
(5) If the Commission decides to grant an application under subsection (1)(a), it must serve notice in writing of its decision on the applicant (stating, where applicable, the condition as varied) and issue a new certificate of registration.
(6) If the Commission decides to grant an application under subsection (1)(c), it must serve notice in writing of its decision on the applicant (stating, where applicable, the period as varied).
(1) Regulations may impose in relation to regulated activities any requirements which the Secretary of State thinks fit for the purposes of this Chapter.
(2) Regulations under this section may in particular make provision with a view to—
(a) securing that any service provided in the carrying on of a regulated activity is of appropriate quality, and
(b) securing the health, safety and welfare of persons for whom any such service is provided.
(3) Regulations under this section may in particular—
(a) make provision as to the persons who are fit to carry on or manage a regulated activity;
(b) make provision as to the manner in which a regulated activity is carried on;
(c) make provision as to the persons who are fit to work for the purpose of the carrying on of a regulated activity;
(d) make provision as to the management and training of persons who work for the purpose of the carrying on of a regulated activity;
(e) make provision as to the fitness of premises;
(f) impose requirements as to the keeping of records and accounts;
(g) impose requirements as to the provision of information;
(h) impose requirements as to the financial position of a person registered as a service provider;
(i) impose requirements as to the making available to the public of information as to any charges made for the provision of any services provided in the carrying on of a regulated activity;
(j) impose requirements as to the review of the quality of any services provided in the carrying on of a regulated activity, as to the preparation of reports of such reviews, and as to the making available to the public of such reports;
(k) make provision as to the handling of complaints and disputes and the application of lessons learnt from them.
(4) Regulations made under this section by virtue of subsection (3)(b) may in particular include provision as to the control and restraint, in appropriate cases, of persons receiving health or social care or other services in connection with the carrying on of a regulated activity.
(5) Regulations made under this section may make provision for the prevention and control of health care associated infections and may include such provision as the Secretary of State considers appropriate for the purpose of safeguarding individuals (whether receiving health or social care or otherwise) from the risk, or any increased risk, of being exposed to health care associated infections or of being made susceptible, or more susceptible, to them.
(6) In this Chapter “health care associated infection” means any infection to which an individual may be exposed or made susceptible (or more susceptible) in circumstances where—
(a) health or social care is being, or has been, provided to that or any other individual, and
(b) the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or indirectly attributable to the provision of that care.
(7) But “health care associated infection” does not include an infection to which the individual is deliberately exposed as part of any health care.
(8) Before making regulations under this section, except regulations which amend other regulations under this section and do not, in the opinion of the Secretary of State, effect any substantial change in the provision made by those regulations, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(9) Consultation undertaken by the Secretary of State before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
(1) The Secretary of State may issue a code of practice about compliance with any requirements of regulations under section 20 which relate to the prevention or control of health care associated infections.
(2) The code may—
(a) operate by reference to provisions of other documents specified in it (whether published by the Secretary of State or otherwise);
(b) provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;
(c) make different provision for different cases or circumstances.
(3) The Secretary of State must keep the code under review and may from time to time—
(a) revise the whole or any part of the code, and
(b) issue a revised code.
(1) Where the Secretary of State proposes to issue a code of practice under section 21, the Secretary of State must—
(a) prepare a draft of the code, and
(b) consult such persons as the Secretary of State considers appropriate about the draft.
(2) Where the Secretary of State proposes to issue under section 21 a revised code which in the opinion of the Secretary of State would result in a substantial change in the code, the Secretary of State must—
(a) prepare a draft of the revised code, and
(b) consult such persons as the Secretary of State considers appropriate about the change.
(3) Where, following consultation under subsection (1) or (2), the Secretary of State issues the code or revised code (whether in the form of the draft or with such modifications as the Secretary of State thinks fit), it comes into force at the time when it is issued by the Secretary of State.
(4) Where—
(a) any document by reference to whose provisions the code operates as mentioned in section 21(2)(a) and (b) is a document published by the Secretary of State in connection with the Secretary of State’s functions relating to health or social care,
(b) the Secretary of State proposes to revise the document, and
(c) in the opinion of the Secretary of State, the revision would result in a substantial change in the code,
the Secretary of State must, before revising the document, consult such persons as the Secretary of State considers appropriate about the change.
(5) Where—
(a) any document by reference to whose provisions the code operates as mentioned in section 21(2)(a) and (b) is not one to which subsection (4)(a) of this section applies,
(b) the document is revised, and
(c) in the opinion of the Secretary of State, the revision results in a substantial change in the code,
the Secretary of State must consult such persons as the Secretary of State considers appropriate about whether the code should be revised in connection with the change.
(6) Consultation undertaken by the Secretary of State before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
(1) The Commission must issue guidance about compliance with the requirements of regulations under section 20, other than requirements which relate to the prevention or control of health care associated infections.
(2) The guidance may, if the Commission thinks fit, also relate to compliance for the purposes of this Chapter with the requirements of any other enactments.
(3) The guidance may—
(a) operate by reference to provisions of other documents specified in it (whether published by the Commission or otherwise);
(b) provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;
(c) make different provision for different cases or circumstances.
(4) The Commission may from time to time revise guidance issued by it under this section and issue the revised guidance.
(1) Where the Commission proposes to issue guidance under section 23, it must—
(a) prepare a draft of the guidance, and
(b) consult such persons as the Commission considers appropriate about the draft.
(2) Where the Commission proposes to issue under section 23 revised guidance which in its opinion would result in a substantial change in the guidance, the Commission must—
(a) prepare a draft of the revised guidance, and
(b) consult such persons as the Commission considers appropriate about the change.
(3) Where, following consultation under subsection (1) or (2), the Commission issues the guidance or revised guidance (whether in the form of the draft or with such modifications as the Commission thinks fit), it comes into force at the time when it is issued by the Commission.
(4) Where—
(a) any document by reference to whose provisions the guidance operates as mentioned in section 23(3)(a) and (b) is a document published by the Commission,
(b) the Commission proposes to revise the document, and
(c) in the opinion of the Commission, the revision would result in a substantial change in the guidance,
the Commission must, before revising the document, consult such persons as the Commission considers appropriate about the change.
(5) Where—
(a) any document by reference to whose provisions the guidance operates as mentioned in section 23(3)(a) and (b) is not one to which subsection (4)(a) of this section applies,
(b) the document is revised, and
(c) in the opinion of the Commission, the revision results in a substantial change in the guidance,
the Commission must consult such persons as the Commission considers appropriate about whether the guidance should be revised in connection with the change.
(6) Consultation undertaken by the Commission before the commencement of this section is as effective for the purposes of this section as consultation undertaken after that time.
(1) A code of practice under section 21 and guidance under section 23 are to be taken into account—
(a) in the making of any decision by the Commission under this Chapter;
(b) in any proceedings for the making of an order under section 30;
(c) in any proceedings on an appeal against such a decision or order;
(d) in any proceedings for an offence under section 33 or under regulations under section 20.
(2) A code of practice under section 21 or guidance under section 23 is also admissible in evidence in other criminal or civil proceedings.
(3) A failure to observe any provision of a code of practice under section 21 or guidance under section 23 does not of itself make a person liable to any criminal or civil proceedings.
Health and Social Care Act 2008