C1C2Part 1The Care Quality Commission
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
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.
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c)(5)(b)