The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

OffencesE+W

This section has no associated Explanatory Memorandum

22.—(1) It is an offence for a registered person to fail to comply with any of the requirements in the following regulations, as read with regulation 8—

(a)regulation 11,

(b)regulation 16(3), F1...

(c)regulation 17(3).

[F2(d)regulation 20(2)(a) and (3), or

(e)regulation 20A.]

(2) A registered person commits an offence if the registered person fails to comply with a requirement of regulation 12, 13(1) to (4) or 14, as read with regulation 8, and such failure results in—

(a)avoidable harm (whether of a physical or psychological nature) to a service user,

(b)a service user being exposed to a significant risk of such harm occurring, or

(c)in a case of theft, misuse or misappropriation of money or property, any loss by a service user of the money or property concerned.

F3(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) But it is a defence for a registered personF4... to prove that they took all reasonable steps and exercised all due diligence to prevent the breach of any of those regulations that has occurred.

Textual Amendments