Legalize / United Kingdom / Public General Act

Health and Social Care Act 2008

Type Public General Act

Publication 2008-07-21

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — The Care Quality Commission

Chapter 1 — Introductory

Conflicts of interest

1

(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.

The Office of the Health Professions Adjudicator

2

(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

Additional responsibilities of responsible officers: England and Wales and Northern Ireland

3

(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

(3) In this Chapter “health and social care services” means the services to which the Commission's functions relate.

Further amendments relating to public health protection

4

(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 Healthwatch organisations or Local Healthwatch contractors about the provision of health and social care services ...,

(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 Healthwatch contractor” has the meaning given by section 223 of the Local Government and Public Involvement in Health Act 2007.

Statement on user involvement

5

(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,

(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.

Transfers of property, rights and liabilities

6

Schedule 2 (which makes provision for the transfer of property, rights and liabilities) has effect.

Meaning of “health and social care services” in Chapter 1

7

In this Chapter “health and social care services” has the meaning given by section 3(3).

Chapter 2 — Registration in respect of provision of health or social care

Introductory

“Regulated activity”

8

(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;

“Health or social care”

9

(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.

Registration of persons carrying on regulated activities

Requirement to register as a service provider

10

(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, or to imprisonment for a term not exceeding the general limit in a magistrates’ court, 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 2 May 2022, the reference in subsection (4)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

Applications for registration as a service provider

11

(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.

Grant or refusal of registration as a service provider

12

(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.

Registration of managers

Condition requiring registered manager

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.

Applications for registration as a manager

14

(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.

Grant or refusal of registration as a manager

15

(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.

Further provision about registration as a service provider or manager

Regulations about registration

16

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,

(d) the notification by registered persons to the Commission of an address for service of documents.

Cancellation of registration

17

(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,

(ca) an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) or specified in regulations made under section 45 or 46 of that Act, 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.

Suspension of registration

18

(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.

Applications by registered persons

19

(1) Except in case A or B and subject to subsections (3A) to (3F, 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

(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.

(3A) R may not apply under subsection (1)(a) for the variation of a condition where either subsection (3B) or (3C) applies.

(3B) This subsection applies where—

(a) the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would have substantially the same effect as that variation), and

(b) the Commission has not decided not to take that step.

(3C) This subsection applies where—

(a) the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would have substantially the same effect as that variation), 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.

(3D) R may not apply under subsection (1)(a) for the removal of a condition where either subsection (3E) or (3F) applies.

(3E) This subsection applies where—

(a) the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and

(b) the Commission has not decided not to take that step.

(3F) This subsection applies where—

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