UK Offence Report

1 A person registered as a service provider who contravenes, or fails to comply with, the provisions of…

regulation 6(1) of The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 A person registered as

a service provider who contravenes, or fails to comply with, the provisions of regulation

5 is guilty of 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 This is the text as originally made; later amendments are not shown here.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
Mixed — some elements strict, some not
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove the conduct, and - for those elements the provision qualifies - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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

Classifier’s reasoning: the offence itself carries no fault word, but a duty it criminalises by cross-reference uses reasonably practicable; which element that governs was not determined.

What would breach regulation 6(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. On these words an offence is committed where a person contravenes, or fails to comply with, the provisions of regulation 5.
  2. Doing the thing the provision prohibits under the Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009, whatever the reason for doing it.
  3. 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
£50,000
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

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (revoked)
Revoked on
1 April 2010
Made
11 March 2009
In force from
Not determined
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

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 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 AssessmentisavailableontheDepartmentofHealthwebsiteat 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.

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 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 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