UK Statutory Instrument SI 2009 United Kingdom

Care Quality Commission (Registration) Regulations 2009

These Regulations, which are to come into force on 1st April 2010, are made under the Health and Social Care Act 2008 (“the Act”) and apply in relation to regulated activities carried on in England. Part 1 of the Act establishes the Care Quality Commission (“the Commission”) and provides for …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
CQC
Status
In Force
Penalty ceiling
Prosecution 1 of 13 obligations carry a fine up to £2,500. 12 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Licence Holder5 Any Person2 Director or Officer1 Trader1 Operator1

Plus 3 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.

Licence Holder — also bound by 225 other Acts
Any Person — also bound by 2340 other Acts
Director or Officer — also bound by 429 other Acts
Companies Act 2006 126 duties
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Operator — also bound by 746 other Acts

What it requires

Regulations 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

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation and commencement
s.002 Interpretation (opens in a new tab)
Part 2

REGISTRATION

0 of 4 sections shown
4 other sections in this Part — procedural and definitional
s.003 Register of regulated activities
s.004 Persons to be regarded as the person carrying on a regulated activity (opens in a new tab)
s.005 Registered manager condition (opens in a new tab)
s.006 Cancellation of registration (opens in a new tab)
Part 3

PUBLICATION OF INFORMATION AND EXPLANATIONS

2 of 4 sections shown
s.007 Publication of information relating to enforcement action (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CQC must publish information about enforcement actions takenStatutory regulator
s.009 Notification (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CQC must notify local bodies of registration cancellations or enforcementStatutory regulator
2 other sections in this Part — procedural and definitional
s.008 Exemptions from the requirement to notify bodies of certain matters (opens in a new tab)
s.010 Power to require an explanation (opens in a new tab)
Part 4

REGISTRATION REQUIREMENTS

5 of 10 sections shown
s.011 General (opens in a new tab) Regulated
  • Comply with CQC registration and operational requirementsLicence Holder
s.012 Statement of purpose (opens in a new tab) Regulated
  • Create, review, and update your CQC statement of purposeLicence Holder
s.017 Notification of death or unauthorised absence of a service user who is detained or liable to be detained under the Mental Health Act 1983 (opens in a new tab) Regulated
  • Notify CQC of death or absence of patients detained under the Mental Health ActLicence Holder
s.019 Fees etc. (opens in a new tab) Regulated
  • Give written fee terms to self-funding service users before care startsLicence Holder
s.020 Requirements relating to termination of pregnancies (opens in a new tab) Regulated
  • Comply with clinical and administrative rules for pregnancy terminationsLicence Holder
5 other sections in this Part — procedural and definitional
s.013 Financial position (opens in a new tab)
s.014 Notice of absence (opens in a new tab)
s.015 Notice of changes (opens in a new tab)
s.016 Notification of death of service user (opens in a new tab)
s.018 Notification of other incidents (opens in a new tab)
Part 5

OTHER MISCELLANEOUS REQUIREMENTS

3 of 3 sections shown
s.021 Death of service provider (opens in a new tab) Regulated
  • Notify CQC and manage care services after the death of a providerTrader
s.022 Form of notifications to the Commission Regulated
  • Use CQC official forms for all notificationsAny Person
s.022 Appointment of liquidators (opens in a new tab) Regulated
  • Notify CQC and manage care services during insolvency or bankruptcyDirector or Officer
Part 6

COMPLIANCE, GUIDANCE AND OFFENCES

1 of 4 sections shown
s.025 Offences (opens in a new tab) Prosecution
  • Fail to comply with CQC registration regulations 12 and 14‑20Any Person

Fine up to £2,500

3 other sections in this Part — procedural and definitional
s.023 Compliance with regulations (opens in a new tab)
s.024 Guidance (opens in a new tab)
s.026 Penalty notices (opens in a new tab)
Part 7

REVIEW

1 of 1 section shown
s.027 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review CQC registration regulationsCrown / Minister / Government department
Schedules

Schedules

1 of 28 shown
s.001 INFORMATION REQUIRED IN RESPECT OF A SERVICE PROVIDER WHO PROPOSES TO MANAGE THE CARRYING ON OF A REGULATED ACTIVITY (opens in a new tab) Regulated
  • Provide identity, employment and qualification information to CQC when registeringOperator
27 other schedules
s.003 INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE (opens in a new tab)
s.sch001 Proof of identity including a recent photograph.
s.sch001 Where the certificate is required for a purpose referred to...
s.sch001 Satisfactory evidence of conduct in previous employment concerned with the...
s.sch001 Where a person (P) has been previously employed in a...
s.sch001 Satisfactory documentary evidence of any relevant qualification.
s.sch001 A full employment history, together with a satisfactory written explanation...
s.sch001 Satisfactory information about any physical or mental health conditions which...
s.sch001 For the purposes of this Schedule— (a) “the appointed day”...
s.sch002 In relation to the cancellation or suspension of a registered...
s.sch002 In relation to decisions under section 12(5) of the Act...
s.sch002 Where a person who is not a registered person is...
s.sch002 In relation to the payment by any person of a...
s.sch002 (1) In relation to a warning notice given under section...
s.sch002 In relation to the conviction of any person in respect...
s.sch002 (1) This paragraph applies to a decision under section 12(5)...
s.sch002 In relation to the payment by any person of a...
s.sch002 Paragraphs 1 and 3 do not apply, and the information...
s.sch002 Paragraph 2 does not apply, and the information prescribed in...
s.sch002 Paragraph 4 does not apply, and the information prescribed in...
s.sch002 (1) The time prescribed for information required to be published...
s.sch002 In relation to a conviction in respect of an offence...
s.sch003 The aims and objectives of the service provider in carrying...
s.sch003 The kinds of services provided for the purposes of the...
s.sch003 The following information— (a) in relation to the service provider...
s.sch003 The legal status of the service provider.
s.sch003 Details of the locations at which the services provided for...

Help complying

Guvnor’s practical routes through this instrument.

Start a healthcare business

Launch a healthcare or social care business with CQC registration

Run a healthcare business

Ongoing compliance for CQC-registered healthcare providers covering inspections, professional registration, safeguarding, clinical governance, medicines management, and staff obligations

Healthcare compliance quick check

Quick compliance check for experienced healthcare providers. Covers CQC registration, professional registrations, DBS checks, medicines audit, controlled drugs register, IPC audit, fire …

Start a social care provider business

End-to-end learning path for starting a social care business. Covers which regulator applies, CQC registration, registered manager requirements, workforce qualifications (Care Certificate, …

Respond to a CQC investigation or enforcement action

What to do if your healthcare or social care service faces CQC enforcement action. Covers understanding the type and severity of action, …
3 more guides that reference this instrument
Healthcare and social care regulation (CQC) Register with the Care Quality Commission (CQC) Healthcare provider annual compliance checklist

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