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The Care Quality Commission (Registration) Regulations 2009

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PART 2INFORMATION RELATING TO ENFORCEMENT ACTION WHICH MAY BE PUBLISHED

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.  In relation to decisions under section 12(5) of the Act which do not fall within paragraph 3(1), the prescribed information is the information listed in paragraph 3(2)(a) to (f).

11.  Where a person who is not a registered person 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.

12.  In relation to the payment by any person of a penalty in accordance with a penalty notice issued under section 86 of the Act in respect of an offence under section 63(7), 64(4) or 65(4) of that Act, which is committed in connection with the carrying on of a regulated activity, the prescribed information is the information listed in paragraph 4(a) to (e).

13.—(1) In relation to a warning notice given under section 29 of the Act, the prescribed information is—

(a)a description of the regulated activity to which the warning notice relates;

(b)the name of the service provider in respect of that regulated activity;

(c)where the warning notice is given to a registered manager, the name of the registered manager;

(d)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

(e)the relevant address.

(2) Before publishing the information prescribed under sub-paragraph (1), the Commission must—

(a)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; and

(b)take any such representations into account when determining whether to publish the prescribed information.

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