Health and Social Care Act 2008
What this means for your business
- Enforced by
- CQC
- Applies to
- United Kingdom
- On this page
- 15 compliance obligations, 16 practical guides across 2 topics
What you must do
15 compliance obligations under this legislation — 2 can result in imprisonment.
Appointments 1
Appoint a registered manager for regulated activities
If you want to register as a health or social care service provider, the regulator may require you to have a registered manager. You must ensure that the service – or the premises it operates from – is run by a person who is registered as a manager for that specific activity.
Offences and prohibitions 11
Carry on regulated health or social care activity without registration
12 months imprisonmentIf your business provides a regulated health or social‑care service and you have not registered with the CQC as a service provider, you are committing a criminal offence. Conviction can lead to an unlimited fine, up to 12 months’ imprisonment, or both, depending on whether the case is tried in a magistrates’ court or the Crown Court.
Corporate liability for Part 1 offences
If your company commits a Part 1 offence under the Health and Social Care Act, the corporation itself and any director, manager, secretary or similar officer (or anyone acting in that role) can be prosecuted. The offence arises when the wrongdoing is done, consented to, or caused by neglect of those officers, meaning both the organisation and the individuals may face criminal penalties.
Disclose confidential personal information
2 years imprisonmentIf you or anyone in your organisation knowingly or recklessly shares personal information about an individual that the CQC has received in confidence, you commit a criminal offence. On conviction you can be sentenced to up to two years in prison and/or face an unlimited fine. The offence can be tried either in a magistrates’ court (summary) or in the Crown Court (indictment).
Fail to comply with CQC information request
Fine up to £2,500If your organisation – for example an NHS body, a health‑care provider commissioned by NHS England or an integrated care board, a local authority, an adult‑social‑care provider or any other regulated health or social‑care activity – does not supply the documents or information the CQC asks for, you commit an offence unless you have a reasonable excuse. On conviction in the magistrates' court you can be fined up to £2,500. There is no custodial sentence for this breach.
Fail to comply with registration conditions
Unlimited fineIf your organisation is registered to provide health or social care services and you do not follow a condition attached to that registration (for example, staffing levels, quality standards, or reporting requirements) without a reasonable excuse, you commit a criminal offence. On conviction in the magistrates’ court you face an unlimited fine.
Fail to provide required explanation to the CQC
Fine up to £2,500If the Care Quality Commission (or someone they authorise) asks you to explain any matter relating to inspections, documents or information you have supplied, you must give that explanation at the time and place they specify. Refusing or not giving a reasonable excuse is a criminal offence. On summary conviction you could be fined up to £2,500.
Misrepresent a regulated health/social care service or premises
Unlimited fineIf you describe your business or premises as providing a regulated health or social‑care activity when you are not registered (or your registration is suspended), you commit an offence. The same applies if you falsely claim that a registered provider can deliver a service they are not authorised to provide. On conviction you face an unlimited fine on summary conviction; there is no custodial sentence.
Obstruct or fail to comply with CQC inspection powers
Fine up to £2,500If you deliberately block the Care Quality Commission (or an authorised inspector) from exercising its legal powers – for example by refusing entry, not providing requested documents, or hindering interviews – you commit a criminal offence. On summary conviction in a magistrates' court you face a fine of up to £2,500. No prison term is specified for this offence.
Operate while registration is suspended or cancelled
Unlimited fineIf your health or social‑care service continues to provide care after its registration has been suspended, or if a manager keeps managing the service after their registration has been suspended or cancelled, you commit a criminal offence. The law also covers managers who know (or should know) that the service’s registration is suspended. Conviction results in an unlimited fine, dealt with in the magistrates’ court.
Provide false information in registration applications
Fine up to £2,500If you knowingly give a false or misleading statement that is material to any application to the CQC – for registering, changing, suspending or cancelling a registration – you commit a criminal offence. On conviction in the magistrates' court you can be fined up to £2,500. No prison term is attached to this offence.
Wilfully obstruct a health protection officer
Fine up to £20,000If you deliberately block or hinder a person carrying out duties under the public‑health provisions (Part 3, Part 4 or related regulations, orders or warrants), you commit a criminal offence. On summary conviction you face a fine – up to £200 for obstruction of Part 4 duties, or up to £20,000 for any other obstruction. No prison term is provided for this offence.
Record keeping 1
Comply with the terms of any Health & Social Care financial assistance
If your organisation receives financial assistance under section 149 of the Health and Social Care Act 2008, you must follow the conditions the Secretary of State attaches to that assistance. This includes repaying the money when required and keeping all related accounts and records ready for inspection.
Registration and licensing 2
Apply for registration as a manager where required
If your business needs a manager for a regulated health or social care activity that must be a registered manager, you (or the manager) must submit an application to the Commission using the form and information they prescribe. The application can cover multiple activities if the Commission allows it.
Submit a registration application to the Commission
If you want to operate as a health or social care service provider, you must apply to the relevant Commission. The application has to be in the format the Commission specifies and must include all the information they ask for. You can combine applications for several regulated activities into one, if the Commission allows it.
Penalties for non-compliance
11 penalties under this legislation. 2 can result in imprisonment. 5 carry an unlimited fine.
Carry on regulated health or social care activity without registration
Unlimited fine and/or 12 months imprisonment
Disclose confidential personal information
Unlimited fine and/or 2 years imprisonment
Fail to comply with registration conditions
Unlimited fine
Misrepresent a regulated health/social care service or premises
Unlimited fine
Operate while registration is suspended or cancelled
Unlimited fine
Wilfully obstruct a health protection officer
Fine up to £20,000
Fail to comply with CQC information request
Fine up to £2,500
Fail to provide required explanation to the CQC
Fine up to £2,500
Obstruct or fail to comply with CQC inspection powers
Fine up to £2,500
Provide false information in registration applications
Fine up to £2,500
Corporate liability for Part 1 offences
Penalty applies
Practical guidance
Our guides explain how to comply with the requirements above.
Sector-Specific 15
Register with the Care Quality Commission (CQC)
Complete step-by-step guide to CQC registration for healthcare providers in England, including what activities require registration, application fees, …
Healthcare and social care regulation (CQC)
CQC registration requirements for health and social care providers in England, including detailed guidance on regulated activities, costs, …
Start and Register a Childcare Business
Complete guide to registering and launching a childcare business in England, from Ofsted registration to EYFS compliance. Covers …
Support Children with SEND in Early Years Settings
Legal requirements and practical guidance for identifying and supporting children with Special Educational Needs and Disabilities (SEND) in …
Food Safety for Childcare Providers
Food safety and nutrition requirements for childcare settings, including food business registration, allergen management, HACCP systems, and Ofsted …
Nannies and Au Pairs: Regulations and Employment
Legal requirements, Ofsted registration rules, and employment obligations for nannies and au pairs. Covers when registration is required, …
Register as a Childminder in England
Complete guide to becoming a registered childminder, from pre-registration training and DBS checks to Ofsted registration and setting …
Comply with the EYFS Statutory Framework
How to implement the Early Years Foundation Stage (EYFS) framework in your childcare setting. Covers safeguarding, staff ratios, …
Start a clinical laboratory service
How to set up and operate a clinical laboratory in the UK. Covers UKAS accreditation, CQC registration, HTA …
Social care registration and regulators
Guide to registering as a social care provider across all four UK nations. Covers CQC registration in England, …
Healthcare regulation across the UK nations
Comparison reference for healthcare regulation in England (CQC), Scotland (HIS and Care Inspectorate), Wales (HIW and CIW), and …
Clinical governance and quality improvement
Clinical governance framework for healthcare providers covering patient safety culture, clinical audit, incident investigation, duty of candour, complaints …
Healthcare provider annual compliance checklist
Annual checklist of recurring compliance obligations for CQC-registered healthcare providers covering registration, workforce, clinical governance, premises, data protection, …
Infection prevention and control for healthcare providers
How to meet infection prevention and control (IPC) requirements under the Health and Social Care Act 2008 Code …
Social care business planning and insurance
Business planning essentials for social care providers. Covers insurance requirements, Care Act 2014 obligations in England, financial viability …
Sections and provisions
197 classified provisions from this legislation.
Duties 29
- s.3 The Commission's objectives
- s.5 Statement on user involvement of its functions
- s.11 Applications for registration as a service provider
- s.13 Condition requiring registered manager
- s.14 Applications for registration as a manager
- s.20A Functions relating to processing of information by registered persons
- s.21A Learning disability and autism training: code of practice
- s.23 Guidance as to compliance with requirements reference in it
- s.26 Notice of proposals
- s.27 Right to make representations the Commission
- s.30 Urgent procedure for cancellation
- s.38 Provision of copies of registers
- s.45B Conflicts of interest
- s.45C Reports such report
- s.51 Failings by Welsh NHS bodies
- s.53 Information and advice The Commission
- s.55 Publication of results of studies under s. 54
- s.61 Inspections carried out for registration purposes
- s.67 Co-ordination of reviews or assessments
- s.69 Co-operation between the Commission and Welsh Ministers
- ... and 9 more duties
Offences and penalties 15
- s.10 Requirement to register as a service provider
- s.33 Failure to comply with conditions
- s.34 Offences relating to suspension or cancellation of registration
- s.35 Contravention of regulations
- s.36 False description of concerns, premises etc.
- s.37 False statements in applications
- s.63 Entry and inspection: supplementary
- s.64 Power to require documents and information etc.
- s.65 Power to require explanation
- s.76 Disclosure of confidential personal information: offence
- s.87 Penalty notices: supplementary provision
- s.91 Offences by bodies corporate
- s.92 Unincorporated associations
- s.121 Co-operation between prescribed bodies
- Schedule 11 Public health protection: further amendments
Powers 48
- Schedule 1 The Care Quality Commission
- Schedule 2 Transfers of property and staff etc.
- Schedule 4 Interaction with other authorities
- s.4 Matters to which the Commission must have regard
- s.16 Regulations about registration
- s.18 Suspension of registration
- s.19 Applications by registered persons
- s.21 Code of practice relating to health care associated infections
- s.29A Warning notice: quality of health care
- s.29 Warning notice
- s.31 Urgent procedure for suspension, variation etc.
- s.40 Periodic returns
- s.41 Liquidators etc.
- s.42 Death of registered person
- s.45A Functions to be exercised by Healthwatch England
- s.46B Reviews and performance assessments: integrated care system
- s.46A Reviews and performance assessments: local authorities
- s.49 Power to extend periodic review function
- s.50 Failings by English local authorities
- s.52 Transfer and amendment of functions under Mental Health Act 1983
- ... and 28 more powers
Definitions 22
- s.1 The Care Quality Commission
- s.7 Meaning of “health and social care services” in Chapter 1 health and social care services
- s.8 “Regulated activity” regulated activity
- s.9 “Health or social care”
- Schedule 13 Transitional provisions relating to s. 147
- s.17 Cancellation of registration
- s.20 Regulation of regulated activities
- s.44 Interpretation of Chapter 2
- s.45D Granting licence to use trade mark
- s.86 Penalty notices
- s.93 Service of documents
- s.96 Application of Part 1 to Crown
- s.97 General interpretation of Part 1
- s.119 Responsible officers and their duties relating to medical profession
- s.120 Additional responsibilities of responsible officers: England and Wales and Northern Ireland
- s.122 Ss. 120 and 121: Crown application
- s.128 Interpretation of Part 2
- s.129 Public health protection
- s.150 Qualifying bodies
- s.156 Interpretation of group of sections
- ... and 2 more definitions
Exemptions 11
- s.28 Notice of decisions
- s.39 Bodies required to be notified of certain matters
- s.48 Special reviews and investigations
- s.77 Defence
- s.83 Reports for each financial year etc.
- s.138 General and supplementary
- s.161 Orders, regulations and directions: general provisions
- s.162 Orders and regulations: Parliamentary control
- s.163 Orders and regulations: control by National Assembly for Wales
- s.169 Extent
- s.170 Commencement