What this covers
Why you need it
Parliament created it. The power to require it comes from Health and Social Care Act 2008.
What the Act carries
What our graph holds for Health and Social Care Act 2008 as a whole — the Act behind this licence, not the licence conditions themselves.
- Duties on businesses
- 18
- Penalties
- 14
- Exemptions
- 6
Duties on businesses under the Act
- Carry on regulated health or social care activity without registration s.10
- Apply to the CQC to register as a health or social care provider s.11
- Ensure your care service is managed by a CQC-registered manager s.13
- Apply to register as a manager for regulated activities s.14
- Fail to comply with registration conditions s.33
- Operate while registration is suspended or cancelled s.34
… and 12 more business duties in the same Act.
What happens if you get it wrong
- Carry on regulated health or social care activity without registration 12 months imprisonment
- Corporate liability for Part 1 offences 12 months imprisonment
- Disclose confidential personal information 2 years imprisonment
- Breach of care quality regulations Unlimited fine
- Fail to comply with registration conditions Unlimited fine
… and 9 more penalties in the same Act.
Exemptions that may take you outside it
- CQC exempt from section 45A reporting in annual reports — The report on how the CQC exercised its functions for the year does not have to cover functions under section …
- Early implementation of CQC decisions via written waiver — Applicant notifies the Commission in writing that they do not intend to appeal before the 28-day period ends
- Exemptions from CQC notice sharing requirements — Cases prescribed by regulations where the Commission is not required to notify external bodies (NHS England, local authorities, etc.)
- Government power to create specific exemptions or conditions for care providers — Specific cases or classes of case defined by the Secretary of State or relevant authorities
- Health in pregnancy grant is exempt from income tax — Receipt of a health in pregnancy grant
… and 1 more exemption in the same Act.
Read our full dossier on Health and Social Care Act 2008
Who issues it
This one does not go to your council. It is issued by The Scottish Government.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.