C12C10C16C17Part 1The Care Quality Commission

Annotations:
Modifications etc. (not altering text)
C16

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C17

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C12C10C16C17Chapter 2Registration in respect of provision of health or social care

Registration of persons carrying on regulated activities

I110C12C10Requirement to register as a service provider

I5C5C11C9C131

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.

I52

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.

I23

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.

I54

A person guilty of an offence under this section is liable—

a

on summary conviction, to F1a fine, or to imprisonment for a term not exceeding F3the 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.

I55

In relation to an offence committed before F22 May 2022, the reference in subsection (4)(a) to F4the general limit in a magistrates’ court is to be read as a reference to 6 months.

I3C111C12C10Applications for registration as a service provider

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.

C2C63

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.

C3C12C8C10C1412C12C10Grant or refusal of registration as a service provider

I41

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.

I4C72

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.

I43

The application may be granted either unconditionally or subject to such conditions as the Commission thinks fit.

I44

On granting the application, the Commission must issue a certificate of registration to the applicant.

I4C4C155

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.

I66

Subsections (3) and (5) have effect subject to section 13.