UK Offence Report

1 A contravention of, or failure to comply with, any of the provisions of regulations 12 and 14 to 20 shall…

regulation 25(1) of The Care Quality Commission (Registration) Regulations 2009

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A contravention of, or failure to comply with, any of the provisions of regulations 12 and 14 to 20 shall be an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 25(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Care Quality Commission (Registration) Regulations 2009, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
£2,500
Standard scale
Level 4
Maximum prison (summary)
Not determined

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

The Ministry of Justice records offences under this instrument against offence code 19718 — 19718 - Contravention of registration requirements under The Care Quality Commission (Registration) Regulations 2009. That code may cover several provisions of the instrument, so a count against it is not a count of prosecutions under this provision alone.

No published per-offence figure was found for this provision. Offences created by statutory instrument very largely do not have their own code in the MoJ’s Outcomes by Offence data tool. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
26 November 2009
In force from
1 April 2010
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

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.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.88.

Basis
the provision says the conduct “is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.88 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source