UK Statutory Instrument 2009 United Kingdom

Care Quality Commission (Registration) Regulations 2009

What this means for your business

8 obligations
1 penalties
2 guides
Enforced by
MHRA, CQC
Applies to
United Kingdom
On this page
8 compliance obligations, 2 practical guides
Read full text on legislation.gov.uk

What you must do

8 compliance obligations under this legislation.

Management duties 3

Comply with CQC regulations 12‑20 for each registered activity

If your business is registered with the Care Quality Commission, you must follow all the detailed requirements set out in regulations 12 to 20 for every type of care activity you are registered to provide. In practice this means having the right policies, procedures and records in place for each service you offer.

Trader/Business s.11 CQC When you are a CQC‑registered provider of any regulated activity

Comply with CQC requirements for termination‑of‑pregnancy services

If your business provides termination of pregnancy services and is a registered, non‑NHS provider, you must follow a set of CQC rules. This includes obtaining two certificates of opinion before any procedure, not charging the patient until those certificates are received, keeping detailed records and registers for at least three years, notifying the Chief Medical Officer and the CQC of each termination (and any related death within 14 days), and having procedures for handling fetal tissue and late‑terminations.

Trader/Business s.20 CQC You provide termination of pregnancy services and are a registered provider that …

Provide and keep up‑to‑date a CQC statement of purpose

If your business is registered with the Care Quality Commission, you must submit a statement of purpose describing the services you provide. You also need to review this statement regularly and, if you make any changes, send written details of the revision to the CQC within 28 days.

Trader/Business s.12 CQC

Notifications 4

Notify CQC of death and arrange interim management

If a partner in a partnership or the sole individual owner of a CQC‑regulated service dies, you must promptly tell the CQC in writing. The personal representative must also let the CQC know within 28 days whether the service will continue, can operate for up to 28 days without registration (or longer if CQC allows), and must appoint someone to run the day‑to‑day activity during that period.

Any Person s.21 CQC Death of a service provider (partner in a partnership or individual owner)

Notify CQC of death or unauthorised absence of detained service users

If your care service is registered with the CQC and a patient who is detained under the Mental Health Act dies or leaves a secure location without permission, you must tell the CQC straight away. You also need to inform them when that patient later returns after an unauthorised absence, and give details of how the death happened.

Trader/Business s.17 CQC A service user who is detained or liable to be detained under …

Notify CQC of liquidator/receiver appointment and management plans

If you are appointed as a receiver, manager, liquidator, provisional liquidator or bankruptcy trustee of a CQC‑regulated provider, you must tell the CQC why you have been appointed, put a manager in place if none exists, and within 28 days let the CQC know what you intend to do about the provider’s activities.

Any Person s.22 CQC When you are appointed as a receiver, manager of the property, liquidator, …

Use CQC’s prescribed forms for required notifications

If your care service has to send a notification to the Care Quality Commission under regulations 14‑18, 21 or 22, you must do it on the official CQC form. No alternative format is acceptable, so you need to obtain the correct form and submit it as instructed.

Trader/Business Form of notifications to the Commission CQC When you need to notify the CQC under regulations 14‑18, 21 or …

Offences and prohibitions 1

Fail to comply with CQC registration regulations 12 and 14‑20

Fine up to £2,500

If your organisation breaches any of the requirements set out in regulations 12 or 14 to 20 of the Care Quality Commission Registration Regulations, you commit a criminal offence. A conviction in the Magistrates' Court can lead to a fine of up to £2,500. No custodial sentence is provided for this offence.

Any Person s.25 MHRA

Penalties for non-compliance

1 penalty under this legislation.

Fine

Fail to comply with CQC registration regulations 12 and 14‑20

Fine up to £2,500

Summary only s.25 Penalises: Fail to comply with CQC registration regulations 12 …

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

28 classified provisions from this legislation.

Duties 10

  • s.7 Publication of information relating to enforcement action
  • s.9 Notification
  • s.11 General
  • s.12 Statement of purpose revision
  • s.17 Notification of death or unauthorised absence of a service user who is detained or liable to be detained under the Mental Health Act 1983 The registered person
  • s.20 Requirements relating to termination of pregnancies The registered person
  • s.21 Death of service provider such determination
  • s.22 Appointment of liquidators person
  • s.27 Review
  • Form of notifications to the Commission Form of notifications to the Commission

Offences and penalties 2

Powers 1

  • s.10 Power to require an explanation

Definitions 5

  • s.2 Interpretation the Act health service body registered manager
  • Schedule 3 INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE
  • s.4 Persons to be regarded as the person carrying on a regulated activity practising privileges
  • s.6 Cancellation of registration
  • s.24 Guidance guidance

Exemptions 7

  • s.5 Registered manager condition
  • s.8 Exemptions from the requirement to notify bodies of certain matters
  • s.13 Financial position
  • s.14 Notice of absence
  • s.15 Notice of changes
  • s.16 Notification of death of service user
  • s.18 Notification of other incidents