Part 1The Care Quality Commission
Chapter 2Registration in respect of provision of health or social care
Offences
34Offences relating to suspension or cancellation of registration
(1)
If a person (“S”) who is registered under this Chapter as a service provider in respect of a regulated activity carries on that activity while S's registration is suspended, S is guilty of an offence.
(2)
A person (“M”) whose registration under this Chapter as a manager in respect of a regulated activity is suspended is guilty of an offence if, during the period of suspension, M manages that activity at a time when no one else has been registered under this Chapter as a manager in respect of the activity since the suspension of M's registration.
(3)
A person (“M”) whose registration under this Chapter as a manager in respect of a regulated activity has been cancelled is guilty of an offence if M manages that activity at a time when—
(a)
a person (“S”) remains registered under this Chapter as a service provider in respect of the activity,
(b)
S's registration remains subject to a registered manager condition, and
(c)
no-one has been registered under this Chapter as a manager in respect of the activity since the cancellation of M's registration.
(4)
If a person (“M”) who is registered under this Chapter as a manager in respect of a regulated activity manages that activity while the registration of the person registered under this Chapter as a service provider in respect of the activity is suspended, M is guilty of an offence if M knows or could reasonably be expected to know of the suspension.
(5)
A person guilty of an offence under this section is liable on summary conviction to F1a fine.