| Guvnor

Enforced by: Ofsted, CIW
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 6 of 25 obligations carry an unlimited fine. 8 carry different penalties and 11 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person15 Responsible Person1 Director or Officer1 Trader1

Plus 7 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Responsible Person — also bound by 108 other Acts

MH(CT)(S)A 2003 30 duties

Climate Change Levy (General) Regulations 2001 24 duties

Offshore Installations (Offshore Safety Directive) (Safety Case ) Regulations 2015 21 duties

The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 21 duties

The Offshore Installations (Safety Case) Regulations 2005 19 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory

1 of 12 sections shown

s.008 General functions of the Assembly. Regulated

Other duties (1) — Crown / regulator

Welsh Government must improve care services and publish informationCrown / Minister / Government department

11 other sections in this Part — procedural and definitional

s.001 Children's homes in England.

s.002 Independent hospitals etc.

s.003 Care homes in England

s.004 Other basic definitions.

s.005 Registration authorities.

s.005 General duties of Commission for Healthcare Audit and Inspection

s.005 General duties of Commission for Social Care Inspection

s.006 National Care Standards Commission.

s.007 General duties of the Commission.

s.009 Co-operative working.

s.010 Inquiries.

Part 2

Establishments and agencies

16 of 53 sections shown

s.011 Requirement to register. Prosecution

Operate care establishment without registrationAny Person

Unlimited fine

s.012 Applications for registration. Regulated

Apply for registration with OfstedAny Person

s.020 Urgent procedure for cancellation: Wales Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must notify authorities and serve urgent cancellation ordersCrown / Minister / Government department

s.022 Power of CIECSS to serve notice where person is failing to comply with regulations Prosecution

Fail to comply with compliance noticeAny Person

Unlimited fine

s.023 National minimum standards. Regulated

Other duties (1) — Crown / regulator

Registration authority must take national minimum standards into account in decisionsStatutory regulator

s.024 Failure to comply with conditions. Prosecution

Fail to comply with registration conditionsAny Person

Unlimited fine

s.024 Offences relating to suspension Prosecution

Run care establishment while registration suspendedAny Person

Unlimited fine

s.025 Contravention of regulations. Prosecution

Contravene care regulationsAny Person

Fine up to £2,500

s.026 False descriptions of establishments and agencies. Prosecution

Misdescribe or falsely advertise a care establishment or agencyAny Person

Unlimited fine

s.027 False statements in applications. Prosecution

Make false statements in registration applicationAny Person

Fine up to £2,500

s.028 Failure to display certificate of registration. Prosecution

Fail to display certificate of registrationAny Person

Fine up to £500

s.030 Offences by bodies corporate. Regulated

Directors and managers liable for corporate care offencesDirector or Officer

s.030 Power of CIECSS to impose monetary penalties Regulated

Fail to comply with improvement plan or commit care offenceAny Person

s.030 Duty to issue advance warning notice Regulated

Other duties (1) — Crown / regulator

Secretary of State must send an advance warning notice to affected local authoritiesCrown / Minister / Government department

s.031 Inspections by persons authorised by registration authority. Prosecution

Obstruct inspection or fail to comply with requestsAny Person

Fine up to £2,500

s.032 Inspections: supplementary. Regulated

Other duties (1) — Crown / regulator

Registration authority must send providers inspection reports without delayStatutory regulator

37 other sections in this Part — procedural and definitional

s.013 Grant or refusal of registration.

s.014 Cancellation of registration.

s.014 Suspension of registration

s.015 Applications by registered persons.

s.016 Regulations about registration.

s.017 Notice of proposals.

s.018 Right to make representations.

s.019 Notice of decisions.

s.020 Urgent procedure for cancellation, variation

s.020 Urgent procedure for suspension or variation etc...

s.021 Appeals to the Tribunal.

s.022 Regulation of establishments and agencies.

s.022 Notice restricting accommodation at certain establishments

s.029 Proceedings for offences.

s.030 Notification of matters relating to persons carrying on or managing certain establishments or agencies

s.030 Penalty notices

s.030 Penalty notices: supplementary provision

s.030 CIECSS monetary penalties: publication of information

s.030 Persons who are subject to financial oversight

s.030 Financial oversight period

s.030 Power to require provision of recovery and resolution plan

s.030 Power to require information

s.030 Power to arrange for independent business review

s.030 Power to limit profits of relevant providers

s.030 Power to limit profits of relevant providers: supplementary provision

s.030 Monetary penalties: procedure etc

s.033 Annual returns.

s.034 Liquidators

s.035 Death of registered person.

s.036 Provision of copies of registers.

s.036 Voluntary adoption agencies: distribution of functions

s.037 Service of documents.

s.038 Transfers of staff under Part II.

s.039 Temporary extension of meaning of “nursing home”.

s.040 Temporary extension of meaning of “children’s home”.

s.041 Children’s homes: temporary provision about cancellation of registration.

s.042 Power to extend the application of Part II.

Part 3

Local Authority Services

0 of 11 sections shown

11 other sections in this Part — procedural and definitional

s.043 Introductory.

s.044 General powers of the Commission.

s.045 Inspection by registration authority of adoption and fostering services.

s.046 Inspections: supplementary.

s.047 Action following inspection.

s.048 Regulation of the exercise of relevant fostering functions.

s.049 National minimum standards.

s.050 Annual returns.

s.051 Annual fee.

s.052 Contravention of regulations.

s.053 Offences: general provisions.

Part 4

Social care workers

0 of 22 sections shown

22 other sections in this Part — procedural and definitional

s.054 The Care Council for Wales

s.055 Interpretation.

s.056 The register.

s.057 Applications for registration.

s.058 Grant or refusal of registration.

s.058 Visiting social workers from relevant European States

s.058 Visiting social care managers from relevant European States

s.059 Removal etc. from register.

s.060 Rules about registration.

s.061 Use of title “social worker” etc.

s.062 Codes of practice.

s.063 Approval of courses etc.

s.064 Qualifications gained outside the Welsh Council's area– social workers

s.064 Qualifications gained outside the Welsh Council’s area – social care managers

s.065 Post registration training.

s.066 Visitors for certain social work courses.

s.067 Functions of the Secretary of State.

s.067 Exercise by Special Health Authority of functions under s. 67(4)(a)

s.068 Appeals to the Tribunal.

s.069 Publication etc. of register.

s.070 Abolition of Central Council for Education and Training in Social Work.

s.071 Rules.

Part 5

The Children’s Commissioner for Wales

0 of 13 sections shown

13 other sections in this Part — procedural and definitional

s.072 Children’s Commissioner for Wales.

s.072 Principal aim of the Commissioner

s.072 Review of exercise of functions of Welsh Ministers and other persons

s.073 Review and monitoring of arrangements.

s.074 Examination of cases.

s.075 Obstruction etc.

s.075 Additional power of consideration and representation

s.075 Working with other Commissioners

s.075 Working jointly with the Public Services Ombudsman for Wales

s.076 Further functions.

s.077 Restrictions.

s.078 Interpretation.

Part 6

Child minding and day care

1 of 1 section shown

s.079 Amendment of Children Act 1989. Prosecution

Act as child minder or provide day care without registrationAny Person

Unlimited fine

Part 7

Protection of children and vulnerable adults

8 of 25 sections shown

s.081 Duty of Secretary of State to keep list. Regulated

Other duties (1) — Crown / regulator

Secretary of State must keep list of barred persons for child/vulnerable adult rolesCrown / Minister / Government department

s.082 Persons who provide care for vulnerable adults: duty to refer. Regulated

Refer unsuitable care workers to the Secretary of State (DBS)Any Person

s.083 Employment agencies and businesses: duty to refer. Regulated

You must refer suspected care worker misconduct to the safeguarding authorityTrader

s.100 Additional ground of complaint.

amended 1 time (opens in a new tab)

s.101 Effect of inclusion in 1996 Act list.

amended 1 time (opens in a new tab)

s.102 Searches of 1996 Act list.

amended 1 time (opens in a new tab)

s.103 Temporary provision for access to lists.

amended 1 time (opens in a new tab)

s.104 Suitability to adopt a child: searches of lists.

amended 7 times (opens in a new tab)

17 other sections in this Part — procedural and definitional

s.080 Basic definitions.

s.084 Power of registration authority to refer.

s.085 Individuals named in the findings of certain inquiries.

s.086 Appeals against inclusion in list.

s.087 Applications for removal from list.

s.088 Conditions for application under section 87.

s.089 Effect of inclusion in list.

s.090 Searches of list under Part V of Police Act 1997.

s.091 Access to list before commencement of section 90.

s.092 Persons referred for inclusion in list under Protection of Children Act 1999.

s.093 Power to extend Part VII.

s.094 Employment agencies and businesses.

s.095 Inclusion in 1999 Act list on reference by certain authorities.

s.096 Inclusion in 1999 Act list of individuals named in findings of certain inquiries.

s.097 Inclusion in 1999 Act list on reference under this Part.

s.098 Individuals providing care funded by direct payments.

s.099 Transfer from Consultancy Service Index of individuals named in past inquiries.

Part 8

Miscellaneous

3 of 8 sections shown

s.105 Welfare of children in boarding schools and colleges. Regulated

Safeguard and promote welfare of children in boarding accommodationResponsible Person

amended 1 time (opens in a new tab)

s.106 Suspension of duty under section 87(3) of the 1989 Act.

amended 1 time (opens in a new tab)

s.111 Nurses Agencies.

amended 2 times (opens in a new tab)

5 other sections in this Part — procedural and definitional

s.107 Boarding schools: national minimum standards.

s.108 Annual fee for boarding school inspections.

s.109 Inspection of schools etc. by persons authorised by Secretary of State.

s.110 Extension of Part IX to school children during holidays.

s.112 Charges for local authority welfare services.

Part 9

General and supplemental

11 of 13 sections shown

s.113 Default powers of appropriate Minister.

amended 6 times (opens in a new tab)

s.113 Fees payable under Part 2

amended 6 times

s.114 Schemes for the transfer of staff.

amended 1 time (opens in a new tab)

s.116 Minor and consequential amendments.

amended 8 times (opens in a new tab)

s.117 Transitional provisions, savings and repeals.

amended 4 times (opens in a new tab)

s.118 Orders and regulations.

amended 2 times (opens in a new tab)

s.118 Regulations: Wales

amended 2 times

s.120 Wales.

amended 1 time (opens in a new tab)

s.121 General interpretation etc.

amended 23 times (opens in a new tab)

s.122 Commencement.

amended 1 time (opens in a new tab)

s.123 Short title and extent.

amended 1 time (opens in a new tab)

2 other sections in this Part — procedural and definitional

s.115 Effect of schemes.

s.119 Supplementary and consequential provision etc.

Schedules

3 of 124 shown

s.sch001a Imposition of monetary penalty Regulated

Fail to comply with Ofsted requirements and receive monetary penaltyAny Person

s.sch002 (1) The Commissioner shall keep proper accounting records. Regulated

Other duties (1) — Crown / regulator

Commissioner must keep proper accounting records and prepare annual accountsCrown / Minister / Government department

s.sch003 The following Schedule shall be inserted in the 1989 Act... Imprisonment

Act as childminder while disqualified or employ disqualified staffAny Person

121 other schedules

s.sch001 The Welsh Council

s.sch001a Interpretation

s.sch001a Notice of intention to impose monetary penalty

s.sch001a Amount of monetary penalty

s.sch001a Interest and recovery

s.sch001a Right of appeal against imposition of monetary penalty

s.sch002 (1) The Commissioner is to be a corporation sole.

s.sch002 (1) The accounting officer for the Commissioner’s Office shall be...

s.sch002 (1) The Auditor General for Wales may carry out examinations...

s.sch002 . . . . . . . . . ....

s.sch002 A document purporting to be duly executed under the seal...

s.sch002 The Welsh Ministers may make payments to the Commissioner of...

s.sch002 In the House of Commons Disqualification Act 1975, in Part...

s.sch002 In the Northern Ireland Assembly Disqualification Act 1975, the same...

s.sch002 (1) Regulations may provide that the office of Children’s Commissioner...

s.sch002 In section 144 of the Government of Wales Act 1998...

s.sch002 Regulations may make provision— (a) as to the appointment of...

s.sch002 The Welsh Ministers shall— (a) pay the Commissioner such remuneration...

s.sch002 (1) The Commissioner may appoint any staff he considers necessary...

s.sch002 (1) Subject to any directions given by the Welsh Ministers,...

s.sch002 The Children’s Commissioner for Wales

s.sch002 Regulations may provide for the Commissioner to make periodic or...

s.sch002 (1) The accounts prepared by the Commissioner for any financial...

s.sch002a Any county council, county borough council or community council in...

s.sch002a Her Majesty’s Chief Inspector of Education and Training in Wales....

s.sch002a Qualifications Wales.

s.sch002a Any agricultural wages committee for an area wholly in, or...

s.sch002a A National Park authority for a National Park in Wales....

s.sch002a The Arts Council of Wales.

s.sch002a Social Care Wales .

s.sch002a The Natural Resources Body for Wales .

s.sch002a The National Library of Wales.

s.sch002a The National Museums and Galleries of Wales.

s.sch002a Persons subject to review by the Commissioner under section 72B.

s.sch002a The Royal Commission on the Ancient and Historical Monuments of...

s.sch002a Any Health Authority for an area in, or consisting of,...

s.sch002a The Sports Council for Wales.

s.sch002a Persons subject to review by the Commissioner under section 72B.

s.sch002a Comisiynydd y Gymraeg (The Welsh Language Commissioner).

s.sch002a Persons subject to review by the Commissioner under section 72B.

s.sch002a Any Local Health Board for an area in, or consisting...

s.sch002a Any National Health Service trust all or most of whose...

s.sch002a Persons subject to review by the Commissioner under section 72B.

s.sch002a Any further education corporation within the meaning of section 17(1)...

s.sch002a Any higher education corporation within the meaning of section 90(1)...

s.sch002a Any institution in Wales falling within section 91(5)(a) of the...

s.sch002a Any institution in Wales in relation to which a designation...

s.sch002a The Commission for Tertiary Education and Research.

s.sch002a Any governing body of a school in Wales which is...

s.sch002b The Welsh Ministers, the First Minister for Wales or the...

s.sch002b Any governing body of a school in Wales which is...

s.sch002b The Commission for Tertiary Education and Research.

s.sch002b Any county council or county borough council in Wales.

s.sch002b Any Health Authority for an area in, or consisting of,...

s.sch002b Any National Health Service trust all or most of whose...

s.sch002b Persons whose arrangements are subject to review by the Commissioner under section 73.

s.sch002b Any further education corporation within the meaning of section 17(1)...

s.sch002b Any higher education corporation within the meaning of section 90(1)...

s.sch002b Any institution in Wales falling within section 91(5)(a) of the...

s.sch002b Any institution in Wales in relation to which a designation...

s.sch002b 3A Any Local Health Board for an area in, or...

s.sch004 (1) Section 26 of the National Assistance Act 1948 (provision...

s.sch004 In section 7(4) of the Public Health (Control of Disease)...

s.sch004 In section 2(5)(d) of the Disabled Persons (Services, Consultation and...

s.sch004 In Article 11(2) of the Adoption (Northern Ireland) Order 1987...

s.sch004 Minor and consequential amendments

s.sch004 (1) The 1989 Act shall be amended as follows.

s.sch004 In section 48(1) of the National Health Service and Community...

s.sch004 In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure...

s.sch004 In section 61(2) of the Criminal Justice Act 1991 (provision...

s.sch004 In Schedule 4A to the Water Industry Act 1991 (premises...

s.sch004 Minor and consequential amendments

s.sch004 In paragraph 7 of Schedule 1 to the Local Government...

s.sch004 Minor and consequential amendments

s.sch004 In section 2 of the Criminal Justice and Public Order...

s.sch004 In section 93 of the Children (Scotland) Act 1995 (interpretation...

s.sch004 Minor and consequential amendments

s.sch004 (1) The Protection of Children Act 1999 shall be amended...

s.sch004 In section 2 of the Adoption (Intercountry Aspects) Act 1999...

s.sch004 (1) The Powers of Criminal Courts (Sentencing) Act 2000 shall...

s.sch004 (1) Section 16 of the Greater London Council (General Powers)...

s.sch004 In section 23(12) of the Children and Young Persons Act...

s.sch004 (1) Section 10(2) of the Greater London Council (General Powers)...

s.sch004 In Schedule 1 to the Local Authority Social Services Act...

s.sch004 Minor and consequential amendments

s.sch004 (1) The Mental Health Act 1983 shall be amended as...

s.sch005 The appropriate Minister may by regulations provide that, if prescribed...

s.sch005 (1) Where an approval granted to a body, before the...

s.sch005 (1) The Part of this Act which relates to the...

Help complying

Guvnor’s practical routes through this instrument.

1 more guide that reference this instrument

Which health and care rules apply to your business

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Care Standards Act 2000

Does it bind you?

Other Acts binding the same actors

What it requires

Introductory

Establishments and agencies

Local Authority Services

Social care workers

The Children’s Commissioner for Wales

Child minding and day care

Protection of children and vulnerable adults

Miscellaneous

General and supplemental

Schedules

Help complying