Health and Social Care Act 2008

89 Publication of information relating to enforcement action etc. E+W

(1) Regulations may authorise or require the publication by the Commission of prescribed information relating to—

(a) the cancellation or suspension of a person's registration under Chapter 2;

(b) the conviction of any person in respect of a Part 1 offence and the penalty imposed;

(c) the variation or removal under section 12(5)(a) or 15(5)(a) of any condition for the time being in force in relation to a person's registration;

(d) the imposition under section 12(5)(b) or 15(5)(b) of any additional condition;

(e) a warning notice under section 29 [F1 or 29A];

(f) the payment by any person of a penalty in accordance with a penalty notice issued under section 86, and the offence to which the notice relates.

(2) Any regulations made by virtue of subsection (1)(e) must require the Commission, before publishing information relating to a warning notice under section 29 [F2 or 29A], to provide the person to whom the notice was given with an opportunity to make representations to the Commission relating to the matters dealt with in the notice.

(3) The regulations may prescribe the time when, and manner in which, any information is to be published.

Textual Amendments

F1 Words in s. 89(1)(e) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 82(4)(c), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)

F2 Words in s. 89(2) inserted (1.4.2015) by Care Act 2014 (c. 23), ss. 82(4)(c), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)

Commencement Information

I1 S. 89 partly in force; S. 89 in force for specified purposes at Royal Assent, see s. 170

I2 S. 89 in force at 1.4.2009 in so far as not already in force by S.I. 2009/462, art. 2(1), Sch. 1 para. 29