Office of Public Sector Information
PART 1 continued CHAPTER 6 continued
(1) Regulations may authorise or require the publication by the Commission of prescribed information relating to—
(a) the cancellation or suspension of a person’s registration under Chapter 2;
(b) the conviction of any person in respect of a Part 1 offence and the penalty imposed;
(c) the variation or removal under section 12(5)(a) or 15(5)(a) of any condition for the time being in force in relation to a person’s registration;
(d) the imposition under section 12(5)(b) or 15(5)(b) of any additional condition;
(e) a warning notice under section 29;
(f) the payment by any person of a penalty in accordance with a penalty notice issued under section 86, and the offence to which the notice relates.
(2) Any regulations made by virtue of subsection (1)(e) must require the Commission, before publishing information relating to a warning notice under section 29, to provide the person to whom the notice was given with an opportunity to make representations to the Commission relating to the matters dealt with in the notice.
(3) The regulations may prescribe the time when, and manner in which, any information is to be published.
(1) Proceedings in respect of a Part 1 offence may not, without the written consent of the Attorney General, be taken by any person other than—
(a) the Commission, or
(b) in relation to any functions of the Commission which the Secretary of State is for the time being discharging by virtue of section 82, the Secretary of State.
(2) Proceedings for a Part 1 offence may be brought within a period of 12 months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to the prosecutor’s knowledge; but no such proceedings are to be brought by virtue of this subsection more than 3 years after the commission of the offence.
(1) This section applies where a Part 1 offence is committed by a body corporate.
(2) If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) any director, manager or secretary of the body corporate, or
(b) any person who was purporting to act in any such capacity,
that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(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 an English NHS body or English local authority, to any officer or member of the NHS body or local authority.
(1) Proceedings for a Part 1 offence 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).
(2) Rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.
(3) In proceedings for a Part 1 offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.
(4) A fine imposed on an unincorporated association on its conviction for a Part 1 offence is to be paid out of the funds of the association.
(5) If a Part 1 offence committed by an unincorporated association is proved—
(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or
(b) to be attributable to any neglect on the part of such an officer or member,
the officer or member (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.
(1) Any notice required under this Part to be given to a person (“R”) may be given to R—
(a) by being delivered personally to R,
(b) by being sent to R—
(i) by a registered post service, as defined by section 125(1) of the Postal Services Act 2000 (c. 26), or
(ii) by a postal service which provides for the delivery of the document to be recorded, or
(c) subject to section 94, by being sent to R by an electronic communication.
(2) Where a notice is given as mentioned in subsection (1)(b), it is, unless the contrary is proved, to be taken to have been received on the third day after the day on which it is sent.
(3) Any notice required under this Part to be given to a body corporate or firm is duly given if it is given to the secretary or clerk of that body or a partner of that firm.
(4) For the purposes of section 7 of the Interpretation Act 1978 (c. 30) in its application to this section, the proper address of a person is—
(a) in the case of a person registered under Chapter 2 who has notified the Commission under regulations under section 16 (regulations about registration) of an address for service, that address, and
(b) in any other case, the address determined in accordance with subsection (5).
(5) That address is—
(a) in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,
(b) in the case of a partner of a firm, the address of the principal office of the firm, and
(c) in any other case, the last known address of the person.
(6) In this section and in section 94—
(a) “electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7),
(b) “notice” includes any other document, and
(c) a reference to a notice being given by or to a person includes a reference to a notice being served by or on a person.
(1) If a notice required or authorised under this Part to be given by or to a person is sent by an electronic communication, it is to be treated as given only if the requirements of subsection (2) or (3) are met.
(2) If the person required or authorised to give the notice is the Commission—
(a) the person to whom the notice is required or authorised to be given must have indicated to the Commission the person’s willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and
(b) the notice must be sent to the address provided by that person.
(3) If the person required or authorised to give the notice is not the Commission, the notice must be sent in such manner as the Commission may require.
(4) An indication given for the purposes of subsection (2) may be given generally for the purposes of notices required or authorised to be given by the Commission under this Part or may be limited to notices of a particular description.
(5) A requirement imposed by the Commission under subsection (3) must be published in such manner as the Commission thinks appropriate for the purpose of bringing it to the attention of persons who are likely to be affected by it.
Schedule 5 (which contains further amendments relating to the provisions of this Part) has effect.
(1) Any provision made by or under Chapter 2 or 3 or this Chapter binds the Crown, but does not affect Her Majesty in her private capacity.
(2) Subsection (1)—
(a) does not require regulations made under section 8 to be made so as to apply to activities carried on by or on behalf of the Crown, and
(b) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (references to Her Majesty in her private capacity) were contained in this Act.
(3) No contravention of any provision made by or under Chapter 2 or 3 or this Chapter is to make the Crown criminally liable; but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention.
(4) The provisions of Chapters 2 and 3 and this Chapter apply to persons in the public service of the Crown as they apply to other persons.
(5) If the Secretary of State certifies that it appears to the Secretary of State requisite or expedient in the interests of national security that the powers of entry and inspection conferred by sections 62 and 63—
(a) should not be exercisable in relation to any premises which are used by or on behalf of the Crown and are specified in the certificate, or
(b) should not be exercisable in relation to any premises which are so used and are specified in the certificate, except in circumstances specified in the certificate,
those powers are not exercisable in relation to those premises or (as the case may be) are not exercisable in relation to those premises except in those circumstances.
(1) In this Part—
“adult social services” means—
services which are provided or commissioned by an English local authority in the exercise of its adult social services functions, and
services which are provided or commissioned by an English local authority under section 2(1)(b) of the Local Government Act 2000 (c. 22) and which are similar in nature to a service which could be provided by the authority in the exercise of any of its adult social services functions;
“adult social services functions” means social services functions (within the meaning of the Local Authority Social Services Act 1970 (c. 42)) so far as relating to persons aged 18 or over, excluding any function to which Chapter 4 of Part 8 of the Education and Inspections Act 2006 (c. 40) applies;
“the Commission” means the Care Quality Commission;
“cross-border Special Health Authority” means a Special Health Authority not performing functions only or mainly in respect of England or only or mainly in respect of Wales;
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));
“English local authority” means—
a county council in England,
a metropolitan district council,
a non-metropolitan district council for an area for which there is no county council,
a London borough council,
the Common Council of the City of London, or
the Council of the Isles of Scilly;
“English NHS body” means—
a Primary Care Trust,
a Strategic Health Authority,
a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England,
an NHS foundation trust, or
a Special Health Authority performing functions only or mainly in respect of England;
“English NHS provider” means—
a Primary Care Trust,
a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in England, or
an NHS foundation trust;
“health care” has the meaning given by section 9(2) (but see subsection (2) below);
“health or social care” has the meaning given by section 9(4);
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26);
“NHS care” means health care provided by Primary Care Trusts or commissioned by Primary Care Trusts (whether from other English NHS providers or not);
“Part 1 offence” means an offence under this Part or under regulations under this Part;
“prescribed” means prescribed by regulations;
“regulated activity” has the meaning given by section 8;
“regulations” means regulations made by the Secretary of State;
“regulatory functions”, in relation to the Commission, is to be read in accordance with section 60(2);
“social care” has the meaning given by section 9(3).
(2) Except in Chapter 2, any reference in this Part to the provision of health care includes a reference to—
(a) the provision of services connected with the provision of health care, and
(b) the promotion and protection of public health.
(3) Any reference in this Part to health care commissioned by a Primary Care Trust is a reference to health care provided by other persons pursuant to arrangements made by the Trust.
(4) Any reference in this Part to adult social services commissioned by an English local authority is a reference to adult social services provided by other persons pursuant to arrangements made by the authority.
(5) Any reference in this Part to a person who carries on a regulated activity includes a reference to a person who carries it on otherwise than for profit.
(6) Any reference in this Part to the provision of health care, or adult social services, by a person includes a reference to the provision of that care, or those services, by that person’s agent or sub-contractor.
(7) In its application to a function conferred on the Commission by regulations under section 59(1)(b), Chapter 6 has effect as if any reference in Chapter 6 to an English NHS body included a reference to a cross-border Special Health Authority.
Health and Social Care Act 2008