the activity involves, or is connected with, the provision of health or social care in, or in relation to, England, and

the activity does not involve the carrying on of any establishment or agency, within the meaning of the Care Standards Act 2000 (c. 14), for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under that Act.

the supply of staff who are to provide such care;

the provision of transport or accommodation for those who require such care;

the provision of advice in respect of such care.

on summary conviction, to F4a fine, or to imprisonment for a term not exceeding F5the general limit in a magistrates’ court, or to both;

on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 12 months, or to both.

the requirements of regulations under section 20, and

the requirements of any other enactment which appears to the Commission to be relevant,

vary or remove any condition for the time being in force in relation to a person's registration as a service provider, or

impose any additional condition.

the requirements of regulations under section 20, and

the requirements of any other enactment which appears to the Commission to be relevant,

vary or remove any condition for the time being in force in relation to a person's registration as a manager, or

impose any additional condition.

on the ground that R has been convicted of, or admitted, a relevant offence;

on the ground that any other person has been convicted of any relevant offence in relation to the regulated activity;

on the ground that the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements;

on the ground that R has failed to comply with a requirement imposed by or under Chapter 6;

on any ground specified by regulations.

no-one is registered under this Chapter as a service provider in respect of the activity, or

the registration of a person under this Chapter as a service provider in respect of the activity ceases to be subject to a registered manager condition.

a Part 1 offence,

an offence under the Registered Homes Act 1984 (c. 23) or regulations made under it,

an offence under Part 2 of the Care Standards Act 2000 (c. 14) or regulations made under it, F8...

an offence under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) or specified in regulations made under section 45 or 46 of that Act, and

any other offence which appears to the Commission to be relevant.

any requirements or conditions imposed by or under this Chapter, and

the requirements of any other enactment which appears to the Commission to be relevant.

the regulated activity is being, or has at any time been, carried on otherwise than in accordance with the relevant requirements, or

the person has failed to comply with a requirement imposed by or under Chapter 6.

for the variation or removal of any condition for the time being in force in relation to the registration, other than a registered manager condition required by section 13(1),

for the cancellation of the registration, or

for the cancellation of, or the variation of the period of, any suspension of the registration.

the Commission has given R notice under section 26(4)(a) of a proposal to cancel the registration, and

the Commission has not decided not to take that step.

the Commission has given R notice under section 28(3) of its decision to cancel the registration, and

either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.

the Commission has given R notice under section 26(4)(c) of a proposal to make that variation (or a variation which would have substantially the same effect as that variation), and

the Commission has not decided not to take that step.

the Commission has given R notice under section 28(3) of its decision to make that variation (or a variation which would have substantially the same effect as that variation), and

either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.

the Commission has given R notice under section 26(4)(c) of a proposal to remove that condition, and

the Commission has not decided not to take that step.

the Commission has given R notice under section 28(3) of its decision to remove that condition, and

either the time within which an appeal may be brought has not expired or, if an appeal has been brought, it has not yet been determined.

securing that any service provided in the carrying on of a regulated activity is of appropriate quality, and

securing the health, safety and welfare of persons for whom any such service is provided.

make provision as to the persons who are fit to carry on or manage a regulated activity;

make provision as to the manner in which a regulated activity is carried on;

make provision as to the persons who are fit to work for the purpose of the carrying on of a regulated activity;

make provision as to the management and training of persons who work for the purpose of the carrying on of a regulated activity;

impose requirements in connection with food or drink provided or made available to any person on hospital premises in England that are used in connection with the carrying on of a regulated activity;

make provision as to the fitness of premises;

impose requirements as to the keeping of records and accounts;

impose requirements as to the provision of information;

impose requirements as to the financial position of a person registered as a service provider;

impose requirements as to the making available to the public of information as to any charges made for the provision of any services provided in the carrying on of a regulated activity;

impose requirements as to the review of the quality of any services provided in the carrying on of a regulated activity, as to the preparation of reports of such reviews, and as to the making available to the public of such reports;

make provision as to the handling of complaints and disputes and the application of lessons learnt from them.

specify nutritional standards, or other nutritional requirements, which are to be complied with;

require that specified descriptions of food or drink are not to be provided or made available.

“cause” means cause or contribute to, whether directly or indirectly; and

harm is avoidable, in relation to a service, unless the person providing the service cannot reasonably avoid it (whether because it is an inherent part or risk of a regulated activity or for another reason).

health or social care is being, or has been, provided to that or any other individual, and

the risk of exposure to the infection, or of susceptibility (or increased susceptibility) to it, is directly or indirectly attributable to the provision of that care.

to monitor the practice followed by registered persons in relation to such processing, and

to keep F22NHS England F23... informed about the practice being followed by registered persons in relation to such processing.

patient information,

any other information obtained or generated in the course of the provision of the health service continued under section 1 of the National Health Service Act 2006,

any other information obtained or generated in the course of the exercise by an English local authority of its adult social services functions, and

any other information obtained or generated in the course of the carrying on by an English local authority of adult placement schemes in connection with which arrangements are made for the provision of personal care.

information (however recorded) which relates to the physical or mental health or condition of an individual (“P”), to the diagnosis of P's condition or to P's care or treatment, and

information (however recorded) which is to any extent derived, directly or indirectly, from that information,

operate by reference to provisions of other documents specified in it (whether published by the Secretary of State or otherwise);

provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;

make different provision for different cases or circumstances.

revise the whole or any part of the code, and

issue a revised code.

the content of training;

training appropriate to different roles;

circumstances in which it is appropriate for training to be delivered in person;

the involvement of people with learning disability, autistic people, or their carers, in the provision of training;

accreditation of training;

procurement of training;

monitoring and evaluation of the impact of training;

review the code, and

lay before Parliament a report setting out the findings of the review.

prepare a draft of the code, and

consult such persons as the Secretary of State considers appropriate about the draft.

prepare a draft of the revised code, and

consult such persons as the Secretary of State considers appropriate about the change.

any document by reference to whose provisions the code operates as mentioned in section 21(2)(a) and (b) is a document published by the Secretary of State in connection with the Secretary of State's functions relating to health or social care,

the Secretary of State proposes to revise the document, and

in the opinion of the Secretary of State, the revision would result in a substantial change in the code,

any document by reference to whose provisions the code operates as mentioned in section 21(2)(a) and (b) is not one to which subsection (4)(a) of this section applies,

the document is revised, and

in the opinion of the Secretary of State, the revision results in a substantial change in the code,

the period of 40 days beginning with the day on which the draft is laid before Parliament, or

if the draft is not laid before each House on the same day, the period of 40 days beginning with the later of the days on which it is laid before Parliament.

Parliament is dissolved or prorogued, or

either House of Parliament is adjourned for more than four days.

the prevention or control of health care associated infections, or

training on learning disability or autism.

operate by reference to provisions of other documents specified in it (whether published by the Commission or otherwise);

provide for any reference in it to such a document to take effect as a reference to that document as revised from time to time;

make different provision for different cases or circumstances.

prepare a draft of the guidance, and

consult such persons as the Commission considers appropriate about the draft.

prepare a draft of the revised guidance, and

consult such persons as the Commission considers appropriate about the change.

any document by reference to whose provisions the guidance operates as mentioned in section 23(3)(a) and (b) is a document published by the Commission,

the Commission proposes to revise the document, and

in the opinion of the Commission, the revision would result in a substantial change in the guidance,

any document by reference to whose provisions the guidance operates as mentioned in section 23(3)(a) and (b) is not one to which subsection (4)(a) of this section applies,

the document is revised, and

in the opinion of the Commission, the revision results in a substantial change in the guidance,

in the making of any decision by the Commission under this Chapter;

in any proceedings for the making of an order under section 30;

in any proceedings on an appeal against such a decision or order;

in any proceedings for an offence under section 33 or under regulations under section 20.

to cancel the registration (otherwise than by virtue of section 17(2) or in accordance with an application under section 19(1)(b)),

to suspend the registration or extend a period of suspension,

to vary or remove (otherwise than in accordance with an application under section 19(1)(a)) any condition for the time being in force in relation to the registration, or

to impose in relation to the registration any additional condition.

any person on whom the notice was served has made written representations to it concerning the matter,

any such person has notified the Commission in writing that the person does not intend to make such representations, or

the period during which any such person could have made representations has elapsed.

unconditionally, or

subject only to conditions each of which is either required by section 13(1) or agreed in writing between the Commission and the applicant,

explain the right of appeal conferred by section 32,

in the case of a decision to adopt a proposal under section 26(2), state the conditions subject to which the application is granted,

in the case of a decision to adopt a proposal under section 26(4)(b), state the period (or extended period) of suspension, and

in the case of a decision to adopt a proposal under section 26(4)(c) or (d), state the condition as varied, the condition which is removed or (as the case may be) the additional condition imposed.

give M a copy of any notice given under subsection (3) to the person (“S”) registered as a service provider in respect of the regulated activity, and

give S a copy of any such notice given under that subsection to M.

at the end of the period of 28 days referred to in section 32(2), or

if an appeal is brought, on the determination or abandonment of the appeal.

specifying the conduct which appears to the Commission to constitute a failure to comply with the relevant requirements,

specifying the requirement concerned, and

a warning notice F42under this section has been given to any person, and

where any failure to comply with a requirement is specified under subsection (2)(c), the requirement has been complied with within the specified time.

where a time is specified under subsection (2)(c)(i), the time so specified, and

in any other case, the date on which the notice was given.

any requirements or conditions imposed by or under this Chapter or Chapter 6, and

the requirements of any other enactment which appears to the Commission to be relevant.

stating that the Commission has formed the view that the quality of health care provided by the trust requires significant improvement,

specifying the health care concerned,

giving the Commission's reasons for its view, and

requiring the trust to make a significant improvement to the quality of the health care concerned within a specified time.

where the notice specifies only one time under subsection (2)(d), determine at the end of that time whether the requirement has been complied with;

where the notice specifies more than one time under subsection (2)(d), determine at the end of the latest of those times, whether the requirements have been complied with.

must decide what action to take in relation to the trust, and

must consider in particular whether to require NHS England to make an order under section 65B(1) or 65D(2) of the National Health Service Act 2006 (appointment of trust special administrator).

the Commission applies to a justice of the peace for an order cancelling the registration of a person as a service provider or manager in respect of a regulated activity, and

it appears to the justice that, unless the order is made, there will be a serious risk to a person's life, health or well-being,

in any case where regulations so provide, to F46NHS England,

F47in any case where regulations so provide, to such F48integrated care board F49... or English local authority as may be determined in accordance with regulations,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to such other persons as the Commission considers appropriate.

a copy of the order, and

notice of the right of appeal conferred by section 32.

a decision under section 12(5) or 15(5) to vary or remove a condition for the time being in force in relation to the registration or to impose an additional condition;

a decision under section 18 to suspend the registration or extend a period of suspension.

state that it is given under this section,

state the Commission's reasons for believing that the circumstances fall within subsection (1),

specify the condition as varied, removed or imposed or the period (or extended period) of suspension, and

explain the right of appeal conferred by section 32.

any decision of the Commission under this Chapter, other than a decision to give a warning notice under section 29 F52or 29A, or

an order made by a justice of the peace under section 30,

to vary any discretionary condition for the time being in force in respect of the regulated activity to which the appeal relates,

to direct that any such discretionary condition is to cease to have effect,

to direct that any such discretionary condition as the F54First-tier Tribunal thinks fit shall have effect in respect of the regulated activity, or

to vary the period of any suspension.

a person (“S”) remains registered under this Chapter as a service provider in respect of the activity,

S's registration remains subject to a registered manager condition, and

no-one has been registered under this Chapter as a manager in respect of the activity since the cancellation of M's registration.

applies any name to any concern carried on in England or to any premises in England, or

in any way describes such a concern or such premises or holds such a concern or such premises out,

that a person is registered under this Chapter as a service provider in respect of the regulated activity in question, and

that the registration has not been suspended.

for registration,

for the variation or removal of any condition in force in relation to A's registration,

for the variation or cancellation of any suspension of A's registration, or

for the cancellation of A's registration.

in such circumstances as may be prescribed, or

to such parts of a register as may be prescribed.

in prescribed circumstances, or

in any case where the Commission considers it appropriate to provide the copy or extract free of charge.

in any case where regulations so provide, to F60NHS England ,

F61in any case where regulations so provide, to such F62integrated care board F63... or English local authority as may be determined in accordance with regulations,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to such other persons as the Commission considers appropriate.

a notice under section 26 (notice of proposals),

a notice under subsection (1) or (3) of section 28 (notice of decisions),

a warning notice under section 29 F66or 29A (warning notice), and

a notice under section 31 (urgent procedure for suspension, variation etc.).

the payment of a penalty in accordance with a penalty notice issued under section 86, or

the commencement of proceedings in respect of a Part 1 offence.

require any person to whom this section applies to give notice of the person's appointment to the Commission;

require any person to whom this section applies to appoint a person to manage the regulated activity in question.

a receiver or manager of the property of a relevant company,

the liquidator or provisional liquidator of a relevant company, or

the trustee in bankruptcy of a relevant individual.

provide for the provisions of this Chapter to apply with prescribed modifications in cases where a person who was the only person registered under this Chapter as a service provider in respect of a regulated activity has died;

require the personal representatives of a deceased person who was registered as a service provider in respect of a regulated activity to notify the Commission of the person's death.

provide for the regulated activity to be carried on for a prescribed period by a person who is not registered in respect of it, and

include provision for the prescribed period to be extended by such further period as the Commission may allow.

consists of or includes the carrying on of a relevant concern,

under the 2000 Act as it has effect immediately before commencement, is regulated under Part 2 of that Act by virtue of regulations under section 42 of that Act (power to extend application of that Part), or

consists of the provision of health care by a National Health Service body, as defined by section 121 of that Act.

an independent hospital,

an independent clinic,

an independent medical agency,

a care home,

a domiciliary care agency, or

a nurses agency.

the making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);

the making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);

the carrying-on of activities specified in section 221(2) of that Act.

the views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, and

the views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.

the Secretary of State;

F69NHS England;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

English local authorities.

the exercise of functions by the Commission, and

the exercise of functions by the Healthwatch England committee on the Commission's behalf.

must make a report to the Commission (whether or not in writing) on the matters mentioned in section 45A(5)(a) and (b), and

must publish a report on the way in which it has exercised during the year the functions exercisable by it.

lay before Parliament a copy of each report made under subsection (1)(b), and

send a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.

the period beginning with the date on which the committee is appointed and ending with the following 31 March, and

each successive period of 12 months ending with 31 March.

conduct reviews of the carrying on of the regulated activities by the service providers,

assess the performance of the service providers following each such review, and

publish a report of its assessment.

all regulated activities or regulated activities of a particular description;

all registered service providers or particular registered service providers;

the whole of a regulated activity or a particular aspect of it.

setting out the frequency with which reviews under this section are to be conducted and the period to which they are to relate, and

describing the method that it proposes to use in assessing and evaluating the performance of a registered service provider under this section.

use different indicators for different cases,

make different provision about frequency and period of reviews for different cases, and

describe different methods for different cases.

any indicators it devises for the purpose of subsection (3), and

the statement it prepares for the purpose of subsection (4).

must consult the Secretary of State and such other persons, or other persons of such a description, as may be prescribed, and

may also consult any other persons it considers appropriate.

any indicators it devises for the purpose of subsection (3), and

the statement it prepares for the purpose of subsection (4);

conduct reviews of the exercise of regulated care functions by English local authorities,

assess the performance of those authorities following each such review, and

publish a report of its assessment.

all functions of English local authorities under Part 1 of the Care Act 2014 or some of their functions under that Part;

the whole of a function or a particular aspect of it.

must set, and may from time to time revise, objectives and priorities for the Commission in relation to the assessment under this section of the performance of English local authorities, and

must inform the Commission of the objectives and priorities.

must determine, and may from time to time revise, indicators of quality for the purposes of the assessment under this section of the performance of English local authorities, and

must obtain the approval of the Secretary of State in relation to the indicators.

must obtain the approval of the Secretary of State in relation to the statement.

make different provision about frequency and period of reviews for different cases, and

describe different methods for different cases.

the objectives and priorities under subsection (4),

the indicators of quality under subsection (5), and

the statement under subsection (8).

assess the functioning of the system for the provision of relevant health care, and adult social care, within the area of each integrated care board (taking into account, in particular, how those mentioned in paragraph (a)(ii) work together), and

publish a report of its assessment.

must set, and may from time to time revise, objectives and priorities for the Commission in relation to assessments under this section, and

must inform the Commission of the objectives and priorities.

must determine, and may from time to time revise, indicators of quality for the purposes of assessments under this section, and

must obtain the approval of the Secretary of State in relation to the indicators.

must obtain the approval of the Secretary of State in relation to the statement.

make different provision about frequency and period of reviews for different cases, and

describe different methods for different cases.

NHS England, and

any other persons it considers appropriate.

the objectives and priorities under subsection (2),

the indicators of quality under subsection (4), and

the statement under subsection (7).

the provision of NHS care,

the provision of adult social services,

the exercise of the functions of F84NHS England or F85an integrated care board in arranging for the provision of NHS care under the National Health Service Act 2006 F86 or section 117 of the Mental Health Act 1983 (after-care),

the exercise of the functions of English local authorities in arranging for the provision of adult social services, or

the exercise of functions by English Health Authorities.

to the overall provision of NHS care or adult social services or to the provision of NHS care or adult social services of a particular description;

to the overall exercise of functions or to the exercise of functions of a particular description;

to the provision of care or services or the exercise of functions by bodies or persons generally or by particular bodies or persons.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a Special Health Authority performing functions only or mainly in respect of England.

inform the Secretary of State of that fact, and

recommend any special measures which it considers the Secretary of State should take.

conduct a further review under section 48 in relation to the authority, and

include in its report under subsection (4) of that section a report on such matters as the Secretary of State may specify.

there are significant failings in relation to the provision of health care by or pursuant to arrangements made by a Welsh NHS body,

there are significant failings in the running of a Welsh NHS body, or

there are significant failings in the running of a body, or the practice of an individual, providing health care pursuant to arrangements made by a Welsh NHS body.

in a case falling within subsection (1)(a) or (b), in relation to the Welsh NHS body concerned;

in a case falling within subsection (1)(c), in relation to the body or individual concerned (except an English NHS body or a cross-border Special Health Authority).

the carrying on of a regulated activity,

the provision of NHS care,

the provision of adult social services,

the exercise of functions by an English local authority, or

the exercise of functions by an English NHS body.

its functions under section 53 (information and advice),

its functions under section 57 (reviews of data, studies and research), and

its functions under regulations under section 59 (additional functions) to the extent that the regulations provide that they are not to be treated as regulatory functions for the purposes of this Part.

prepare a report on the matters inspected, and

they are used for the carrying on of a regulated activity,

they are owned or controlled by an English NHS body or English local authority, or

make any examination into the state and management of the premises or the treatment of persons receiving care there,

inspect and take copies of any documents or records,

have access to, and check the operation of, any computer, and any associated apparatus or material, which is or has been in use in connection with any documents or records,

inspect any other item,

seize and remove from the premises any documents, records or other items,

if the conditions in subsection (3) are met, examine in private any person receiving care at the premises.

A is a registered medical practitioner or registered nurse,

A has reason to believe that the person to be examined is not receiving proper care at the premises, and

to require any person holding or accountable for documents or records (whether or not kept at the premises) to produce them for inspection at the premises, and

to require any records which are kept by means of a computer to be produced in a form in which they are legible and can be taken away.

any director, manager, secretary or other similar officer of the body corporate, and

where the body is an English NHS body or English local authority, any officer or member of the NHS body or local authority.

require any person to afford A such facilities and assistance with respect to matters within the person's control as are necessary to enable A to exercise powers under section 62 and this section, and

take such measurements and photographs, and make such recordings, as A considers necessary to enable A to exercise those powers.

obstructs the exercise of a power conferred by section 62 or this section, or

fails to comply with a requirement imposed under this section,

“relevant purposes” means the purposes of any of the Commission's regulatory functions,

any reference to documents or records includes a reference to personal and medical records, and

any reference to a person receiving care at premises includes a reference to a person who is accommodated there.

an English NHS body,

a person providing health care commissioned by F119—

F120NHS England,

an integrated care board, or

F122...

an English local authority,

a person providing adult social services commissioned by an English local authority, F123 ...

a person who carries on or manages a regulated activity, F124...

any documents, records or other items inspected, copied or provided under sections 62 to 64,

any information provided under those sections,

any documents, records, other items or information otherwise provided to the Commission by any person for the purposes of the Commission's regulatory functions, or

any matters which are the subject of the exercise of any such functions.

the Commission, and

such other bodies as may be prescribed.

carry out inspections, or

require the provision of information,

co-operating with other regulatory authorities and co-ordinating the exercise of relevant powers,

sharing information or the results of inspections, and

seeking to obtain information from other sources before exercising a relevant power to require the provision of that information.

“inspections” includes inspections of persons, premises or the carrying on of activities,

a reference to a power to carry out inspections includes a reference to any power which is ancillary to that power (such as a power to enter premises or to require assistance), and

a reference to a power to require the provision of information includes a reference to a power to require the production of documents, records or other items, a power to require the making of reports and a power to require explanations.

the Commission's functions, and

any functions of the Welsh Ministers exercisable in or in relation to Wales which correspond or are similar to any of the Commission's functions.

seek to secure that the conditions on a registration under Chapter 2 in a case within paragraph (b) are consistent with the conditions included in the person's licence under that Act.

a review under section 46 F133...,

a review or investigation under section 48, or

a study promoted, or undertaken, by the Commission under section 54,

perform any of its functions in relation to a prescribed health scheme, or a prescribed social care scheme, for which the Minister has responsibility;

provide services or facilities insofar as they are required by the Minister in connection with such a scheme.

exercise on behalf of the Minister any function of the Minister which corresponds to a function of the Commission and relates to the Northern Ireland health service;

provide services or facilities insofar as they are required by the Minister in connection with the exercise by the Minister of any such functions.

has been obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

relates to and identifies an individual.

on summary conviction, to imprisonment for a term not exceeding F137the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both;

on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.

that information, and

other information obtained by the Commission.

any of the circumstances in subsection (2) applied in relation to the disclosure, or

the person reasonably believed that any of them so applied.

that the disclosure was made in a form in which the individual to whom the information relates is not identified;

that the disclosure was made with the consent of that individual;

that the information disclosed had previously been lawfully disclosed to the public;

that the disclosure was made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (complaints about health care or social services);

that the disclosure was made in accordance with any enactment or court order;

that the disclosure was necessary or expedient for the purposes of protecting the welfare of any individual;

that the disclosure was made to any person or body in circumstances where it was necessary or expedient for the person or body to have the information for the purpose of exercising functions of that person or body under any enactment.

for the purpose of facilitating the exercise of any of the Commission's functions,

in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

for the purpose of criminal proceedings (whether or not in the United Kingdom).

the information, and

other information disclosed by the person or by the Commission.

the disclosure is made in a form in which the individual is not identified, or

the disclosure is made with the consent of the individual.

the information has previously been lawfully disclosed to the public,

the disclosure is made under or pursuant to regulations under section 113 or 114 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (complaints about health care or social services),

the disclosure is made in accordance with any enactment or court order,

the disclosure is necessary or expedient for the purposes of protecting the welfare of any individual,

the disclosure is made to any person or body in circumstances where it is necessary or expedient for the person or body to have the information for the purpose of exercising functions of that person or body under any enactment,

the disclosure is made for the purpose of facilitating the exercise of any of the Commission's functions,

the disclosure is made in connection with the investigation of a criminal offence (whether or not in the United Kingdom), or

the disclosure is made for the purpose of criminal proceedings (whether or not in the United Kingdom).

the information, and

other information disclosed by the Commission.

about the obtaining by the Commission of information which, once obtained, will be confidential personal information, and

about the handling, use and disclosure by the Commission of confidential personal information.

F141NHS England, and

such other persons as it considers appropriate.

is obtained by the Commission on terms or in circumstances requiring it to be held in confidence, and

relates to and identifies an individual.

the information, and

other information obtained by the Commission.

the special reviews and investigations that it proposes to conduct under section 48,

the studies that it proposes to undertake under section 54, and

the reviews that it proposes to conduct under section 57.

the Secretary of State,

F143NHS England, and

any other person or body specified by an order made by the Secretary of State,

as affecting any power of the Secretary of State to require a review or investigation to be conducted or a study to be undertaken, or

as preventing the Commission from conducting an investigation under section 48 where the Commission considers there to be a risk to the health, safety or welfare of persons receiving health or social care.

is failing or has failed to discharge any of its functions, or

is failing or has failed properly to discharge any of its functions F145 and that the failure is significant..

is failing or has failed to discharge a function under section 45A or any other function it is required to discharge, or

is failing or has failed properly to discharge a function under that section or any other function it is required to discharge,

discharge the functions to which the direction relates, or

make arrangements for any other person to discharge them on the Secretary of State's behalf.

the way in which it has exercised its functions during the year,

the provision of NHS care during the year,

the provision of adult social services during the year,

the carrying on of regulated activities during the year, and

the steps taken by it during the year to implement the proposals in its statement under section 5 (statement on user involvement).

lay before Parliament a copy of each report made under subsection (1), and

send a copy of each such report to the Secretary of State.

the period beginning with the date on which the Commission is established and ending with the next 31 March following that date, and

each successive period of 12 months ending with 31 March.

requiring English NHS bodies, English local authorities, persons registered under Chapter 2 and such other persons as may be prescribed to pay a fee in respect of the exercise by the Commission of such of its other functions under this Part as may be prescribed.

for different fees to be paid in different cases,

for different fees to be paid by persons of different descriptions,

for the amount of a fee to be determined by the Commission in accordance with specified factors, and

for determining the time by which a fee is to be payable.

provision as to the form and content of penalty notices,

provision as to the monetary amount of the penalty and the time by which it is to be paid,

provision determining the methods by which penalties may be paid,

provision as to the records to be kept in relation to penalty notices,

provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice, and

such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

may make provision for penalties of different amounts to be payable in different cases, including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid, but

must secure that the amount of any penalty payable in respect of any offence does not exceed one half of the maximum amount of the fine to which a person committing the offence would be liable on summary conviction F158or, where there is no such maximum amount, £50,000.

section 12(5) (variation, removal or imposition of condition in relation to registration as a service provider),

section 15(5) (variation, removal or imposition of condition in relation to registration as a manager),

sections 17 and 18 (cancellation or suspension of registration),

F159sections 29 and 29A (warning notice),

section 86 (penalty notices), and

section 89 (publication of information).

such persons as may be prescribed, and

such other persons as the Commission considers appropriate.

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

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

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;

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

a warning notice under section 29 F160or 29A;

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.

the Commission, or

in relation to any functions of the Commission which the Secretary of State is for the time being discharging by virtue of section 82, the Secretary of State.

any director, manager or secretary of the body corporate, or

any person who was purporting to act in any such capacity,

to any other similar officer of the body, and

where the body is an English NHS body or English local authority, to any officer or member of the NHS body or local authority.

to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

to be attributable to any neglect on the part of such an officer or member,

by being delivered personally to R,

subject to section 94, by being sent to R by an electronic communication.

a Saturday or Sunday;

Christmas Day or Good Friday; or

a day which is a bank holiday under the Banking and Financial Dealings Act   1971 in England.

in the case of a person registered under Chapter 2 who has notified the Commission under regulations under section 16 (regulations about registration) of an address for service, that address, and

in any other case, the address determined in accordance with subsection (5).

in the case of a secretary or clerk of a body corporate, the address of the registered or principal office of the body,

in the case of a partner of a firm, the address of the principal office of the firm, and

in any other case, the last known address of the person.

“electronic communication” has the same meaning as in the Electronic Communications Act 2000 (c. 7),

“notice” includes any other document, and

a reference to a notice being given by or to a person includes a reference to a notice being served by or on a person.

the person to whom the notice is required or authorised to be given must have indicated to the Commission the person's willingness to receive notices by an electronic communication and provided an address suitable for that purpose, and

the notice must be sent to the address provided by that person.

does not require regulations made under section 8 to be made so as to apply to activities carried on by or on behalf of the Crown, and

is to be read as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (references to Her Majesty in her private capacity) were contained in this Act.

should not be exercisable in relation to any premises which are used by or on behalf of the Crown and are specified in the certificate, or

should not be exercisable in relation to any premises which are so used and are specified in the certificate, except in circumstances specified in the certificate,

the provision of services connected with the provision of health care, and

the promotion and protection of public health.