C1C2Part 1The Care Quality Commission

Annotations:

C1C2Chapter 2Registration in respect of provision of health or social care

Registration procedure

I2I129Warning notice

1

If it appears to the Commission that a person who is registered under this Chapter as a service provider or manager in respect of a regulated activity has failed to comply with the relevant requirements, the Commission may give the registered person a warning notice.

F21A

But a warning notice under this section may not be given to an NHS trust established under section 25 of the National Health Service Act 2006 or an NHS foundation trust.

2

A warning notice F1under this section is a notice in writing—

a

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

b

specifying the requirement concerned, and

c

where it appears to the Commission that the failure is continuing—

i

requiring the registered person to comply with the requirement concerned within a specified time, and

ii

stating that, if the registered person fails to do so within that time, the Commission may take action to secure compliance with the relevant requirements.

3

Subsections (4) and (5) apply where—

a

a warning notice F3under this section has been given to any person, and

b

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

4

The failure to which the notice relates, so far as occurring before the relevant time, is not to constitute a ground for the cancellation or suspension of registration, the variation of the conditions of registration, the removal of a condition or the imposition of any additional condition.

5

No proceedings may be brought against any person registered in respect of the regulated activity for a Part 1 offence that arises out of the failure to which the notice relates, so far as occurring before the relevant time.

6

In subsections (4) and (5) “the relevant time” means—

a

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

b

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

7

In this section “relevant requirements” means—

a

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

b

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