When running or managing a care service and carrying on a regulated activity there are certain things you have to do by law. The law also makes certain requirements of CQC, and sets out the powers it has to regulate services.
All of this is contained in certain acts and regulations, which together are referred to as the relevant legislation. All of the relevant legislation is available on our website, and can be accessed through the links below.
The legislation here is continuously updated, which means that whenever an amendment is made, it will be reflected in this version.
The updated legislation is supplied to us by Butterworths and is subject to a copyright agreement. This means you must agree to the terms and conditions before using the documents below.
The legislation should be used as guidance only, and is not legal advice. You should always seek legal advice about the current position before you take any action.
Health and Social Care Act 2008
The Health and Social Care Act 2008 established the Care Quality Commission as the regulator of all health and adult social care services.
It is a single Act of Parliament that contains the commission’s powers and duties, and represents the modernisation and integration of health and social care. It contains some new powers of enforcement that were not held by any of the predecessor organisations.
Regulations are made under powers set out in the Health and Social Care Act 2008, and they provide more detail about the powers and duties the commission has, and about the duties that people providing and managing services have. The regulations made under the main Act change more frequently than the act itself.
It is important to be aware of all the up to date provisions.
Care Quality Commission (Registration) Regulations 2009
These regulations came into force on 1 April 2010. They apply to all regulated activities, and make requirements about the way that people who wish to provide or manage a regulated activity in England can become registered.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
These regulations have come into force at different times according to the type of service involved. They contain definitions of the services and activities that people must be registered to provide.
In some cases, they contain details about the stages at which different types of provider will be brought into the registration system. They also contain details of the standards that people registered to provide and manage services will have to observe.
Guidance about compliance
By law, we are required to produce Guidance about compliance which translates the regulations into expected 'outcomes'. These describe quality and safety from the perspective of people who use services and places them at the centre of the registration system.
It is important that anyone registered to provide or manage a regulated activity is aware of the guidance we have produced. When considering whether a registered person has complied with their duties under Regulations, the Regulations themselves provide that they must have regard to this guidance.
Find out more about Guidance about compliance.
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