The Care Quality Commission (Registration) Regulations 2009

UK Statutory Instrument 2009 No. 3112 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 26 November 2009
In force from: 1 April 2010
Extent: Not stated
Subject: Alcohol licensing, gambling, smoke-free and public health
Made under: Health and Social Care Act 2008

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which are to come into force on 1st April 2010, are made under the Health and Social Care Act 2008 (“the Act”) and apply in relation to regulated activities carried on in England. Part 1 of the Act establishes the Care Quality Commission (“the Commission”) and provides for the registration of persons carrying on a regulated activity. Part 1 of the Regulations contains provisions relating to citation, commencement and interpretation (regulations 1 and 2). Part 2 of the Regulations contains provisions relating to registration. Regulation 3 requires the Commission to keep a register of persons registered with the Commission under Chapter 2 of Part 1 of the Act as a service provider or a manager in respect of a regulated activity and regulation 4 contains details of the persons to be regarded as carrying on the regulated activity for the purposes of Chapter 2 of Part 1 of the Act (registration in respect of the provision of health or social care). Regulation 5 (and Schedule 1) sets out the circumstances in which the registration of a service provider is to be subject to a registered manager condition. Regulation 6 specifies the grounds on which the Commission may cancel a service provider’s registration pursuant to section 17(1)(e) of the Act. Part 3 contains provisions relating to the publication of information and explanations. Regulation 7 (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 8 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 9 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 10 enables the Commission to require 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. Part 4 contains registration requirements. Regulation 11 provides that a registered person must comply with the requirements contained in regulations 12 to 20 in so far as they apply to an activity in respect of which they are registered. Regulation 12 provides that the registered person must give to the Commission a statement of purpose containing the information set out in Schedule 3 and regulation 13 contains provision as to the financial viability of a service provider (excluding English local authorities or a health service body). Regulations 14 and 15 require the giving of notices to the Commission in relation to the absence of a registered person and in relation to certain changes affecting the carrying on of the regulated activity. Regulations 16 and 17 prescribe the circumstances in which notification of the death of a service user must be given to the Commission (and regulation 17 also requires notification of the unauthorised absence of a service user who is liable to be detained under the Mental Health Act 1983) and regulation 18 prescribes the incidents, occurring whilst services are being provided in the carrying on of a regulated activity, or as a consequence of the carrying on of a regulated activity, which must be notified to the Commission. Regulation 19 deals with information to be given to service users in relation to fees for care or treatment. Regulation 20 contains requirements relating to a registered person who carries on the regulated activity of termination of pregnancies. Part 5 contains other miscellaneous requirements. Regulation 21 deals with the notification to be given to the Commission where a service provider dies. Regulation 22 contains provisions which apply where a liquidator or similar person has been appointed in relation to the carrying on of a regulated activity. Part 6 contains provisions relating to compliance, guidance and offences. Regulation 23 deals with who is responsible for complying with the Regulations in circumstances where there is more than one registered person in respect of a regulated activity. Regulation 24 states that, for the purposes of compliance with the Regulations, a registered person must take account of guidance issued by the Commission under section 23 of the Act. Regulation 25 provides that a breach of certain of the requirements in the Regulations is to be an offence punishable, on summary conviction, with a fine not exceeding level 4 on the standard scale. An impact assessment of the effect that this instrument will have on the costs and benefits to the service provider in question, together with an Equality Screening Assessment was published alongside a draft Statutory Instrument entitled the Health and Social Care Act 2008 (Regulated Activities) Regulations 2009 and is available on the Department of Health website at http://dh.gov.uk/en/Publicationsandstatistics/Legislation/index.htm.

Offences created by this instrument

A contravention of, or failure to comply with, any of the provisions of regulations 12 and 14 to 20 shall be an offence regulation 25(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Care Quality Commission Registration Commons · Written Statements · 18 July 2011 · The Minister of State, Department of Health (Mr Simon Burns)
I wish to inform the House that the Department is today publishing a consultation on proposed changes to the Care Quality Commission (Registration) Regulations 2009 and The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010. The proposals include changes that will improve the effectiveness of current regulatory arrangements for health and social care and reduce the burden on providers (including the providers of health care at the Olympic games). The Government are committed to keeping regulatory systems under review and to ensuring that regulatory burdens are kept to a…
Northern Ireland (Executive Formation etc) Act 2019: Section 3(5) Lords · Lords Chamber · 17 October 2019 · Lord Morrow (DUP)
My Lords, I am sure the House is already aware that the necessary signatures have now been collected to recall the Northern Ireland Assembly on Monday. I hope I am not being premature, but I look forward to that. I think it will bring about changes in which this House should not dabble. The issues that the Minister has laid out before us today are all matters for the devolved Assembly. It is regrettable that that has not been observed and that the civil convention and all other conventions, including the much-heralded Belfast agreement, have all been kicked aside and ignored on this…
Mental Health Bill [Lords] (Eighth sitting) Commons · Public Bill Committees · 19 June 2025 · Dr Evans
I will first speak to clause 54, to give context to my comments about new clause 12, which is in my name, and new clauses 17 and 20, tabled by the Liberal Democrats. Currently, under regulation 18 of the Care Quality Commission (Registration) Regulations 2009, registered providers must notify the CQC if a child under 18 is placed in an adult psychiatric unit for longer than 48 continuous hours. The notification duty enables the CQC to monitor such placements and take appropriate action to protect young people. The clause places a statutory duty on the Secretary of State to review whether the…
Mental Health Bill [Lords] (Eighth sitting) Commons · Public Bill Committees · 19 June 2025 · Gregory Stafford (Farnham and Bordon) (Con)
It is a pleasure to serve under your chairmanship, Mrs Harris. I rise to speak in support of clause 54, but with the caveat that it would be much more effective if new clause 12, in the name of my hon. Friend the Member for Hinckley and Bosworth, were added to the Bill. Regulation 18 of the Care Quality Commission (Registration) Regulations 2009 requires healthcare providers to notify the Care Quality Commission of certain serious incidents. However, it may not comprehensively cover all mental health-related admissions of minors. Clause 54 responds to concerns about transparency and…
Mental Health Bill [Lords] (Eighth sitting) Commons · Public Bill Committees · 19 June 2025 · Stephen Kinnock
I rise to speak to clause 54 and to a number of new clauses relating to the treatment of children and young people. I turn first to clause 54. The Care Quality Commission (Registration) Regulations 2009 require the CQC to be notified of specified events, one of which is where a child is placed in an adult psychiatric unit and the placement has lasted more than 48 hours. When the CQC is notified, the circumstances are reviewed and the risk is assessed. These notifications can trigger further assessments and inspections, and require the trust to provide regular updates and give assurance that…

How Parliament handled it

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