Office of Public Sector Information
SCHEDULE 2 continued PART 2
9. In relation to a conviction in respect of an offence under Part 1 of the Act, except an offence under section 76, the prescribed information is the penalty imposed.
10. Where a person who is not registered as a service provider is convicted of an offence under Part 1 of the Act, except an offence under section 76, the prescribed information is the name of, and such other details as the Commission considers relevant about, the individual convicted of the offence.
11.—(1) In relation to a warning notice given under section 29 of the Act, the prescribed information is—
(a) the name of the person registered as a service provider who has been given the warning notice;
(b) a description of the regulated activity to which the warning notice relates;
(c) a description of the conduct which appears to the Commission to constitute a failure to comply with the relevant requirements and a description of the requirements concerned; and
(d) the address at which the person registered as a service provider is carrying on the regulated activity or, in the case of the provision of ambulance services for the purposes of transporting patients, such address for the National Health Service trust or the NHS foundation trust providing that service as the Commission considers relevant.
(2) The Commission must, before publishing the information prescribed under sub-paragraph (1), provide the person to whom the notice was given an opportunity to make representations to the Commission relating to the matters dealt with in the notice.
(This note is not part of the Regulations)
These Regulations, which are to come into force on 1st April 2009, are made under the Health and Social Care Act 2008 (“the Act”) and apply in relation to regulated activities carried on in England (regulation 1). Part 1 of the Act establishes the Care Quality Commission (“the Commission”) and provides for the registration of persons carrying on a regulated activity. It also provides powers to make regulations imposing requirements in relation to those regulated activities, and in relation to the Commission’s enforcement powers in respect of persons registered as service providers.
Regulation 2 is an interpretation provision.
Regulation 3 prescribes the activities that are to be regulated activities for the purposes of section 8 of the Act. These are the direct provision of health care to patients by National Health Service trusts, NHS foundation trusts and by Primary Care Trusts, the provision of ambulance services to transport patients by National Health Service trusts or NHS foundation trusts and the activities of NHS Blood and Transplant in relation to transfusion and transplant procedures.
Regulation 4 requires the Commission to keep a register of persons registered as service providers carrying on a regulated activity.
Regulation 5 sets out the requirements that will apply in relation to regulated activities pursuant to section 20 of the Act. For the purposes of protecting patients, health care workers and others who may be at risk of acquiring a health care associated infection, a service provider must effectively operate systems to (a) assess the risks to such persons of acquiring such an infection and (b) prevent, detect, treat and control the spread of such an infection.
In addition, and for the same purposes, a service provider must maintain appropriate standards of design, cleanliness and hygiene in relation to premises and equipment used for carrying on the regulated activities. “Premises” includes vehicles used for transporting patients for the purposes of treatment and materials that are to be used to treat patients in circumstances where such materials are at risk of being contaminated with a health care associated infection.
Regulation 6 provides that a breach of regulation 5 will be an offence punishable, on summary conviction, by a fine of up to £50,000.
Regulation 7 and Schedule 1 prescribe fixed penalty offences for the purposes of section 86 of the Act and the amount of the penalty, and make provision about the time by which a penalty notice must be paid and the method by which payment may be made, the period during which proceedings cannot be instituted for the offence to which the penalty notice relates, the content of the penalty notice and when a penalty notice can be withdrawn.
Regulation 8 and Schedule 2 prescribe information relating to enforcement action that the Commission must publish and the time by which it must be published, and information that the Commission may publish.
Regulation 9 prescribes cases in which copies of notices of proposals given under section 26 of the Act, notices of decisions given under section 28 of the Act and warning notices given under section 29 of the Act do not need to be given to persons listed in section 39 of the Act.
Regulation 10 defines which Primary Care Trust, local authority and Strategic Health Authority is required to be notified by the Commission of an application for an order for cancellation of the registration of a service provider under section 30 of the Act or given a copy of a notice referred to in section 39(2) of the Act.
Regulation 11 requires the persons prescribed to provide an explanation of a relevant matter to the Commission, or to persons authorised by it, in circumstances where the Commission considers the explanation necessary or expedient for the purposes of its regulatory functions. It also gives the Commission power to require the explanation to be given at such times and such places as it specifies.
An impact assessment of the effect that this instrument (together with the Health and Social Care Act 2008 (Commencement No 6, Transitory and Transitional Provisions) Order 2008) (S.I. 2008/3168)) will have on the costs and benefits to the NHS bodies in question, together with an Equality Screening Assessment is available on the Department of Health website at http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/index.htm and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.
The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009