If you run a care service and carry on a regulated activity there are certain things you have to do by law. The law also makes requirements of CQC, and sets out the powers it has to regulate services.
These requirements are set out in acts and regulations, which are referred to as the 'relevant legislation'. You'll find links to the relevant legislation below.
This guidance does not give legal advice on the relevant legislation. 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 sets out our powers and duties, and represents the modernisation and integration of health and social care. It contains some 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.
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
These regulations 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.
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.
The full up-to-date version of the Care Quality Commission (Registration) Regulations 2009 is not currently available at legislation.gov.uk.
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