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Some of the regulations have offences attached, and as part of our enforcement action, CQC will be able to bring prosecutions if these regulations are breached. For regulations that we cannot prosecute against, we can consider using other actions as set out in our enforcement policy.

CQC will be able to bring prosecutions for breaches of the following regulations.

CQC may prosecute breaches of the following regulations without first issuing a Warning Notice.

A defence to all the above offences is available where the registered persons took all reasonable steps and acted with all due diligence. See Regulation 22(4).

For the remaining regulations included in this guidance: Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, Regulations 9; 10; 13(5); 13(6); 13(7); 15; 16(1); 16(2); 17(1); 17(2); 18; 19; 20(1), 20(2)(b); 20(4); 20(5); 20(6); 20(7) and the Care Quality Commission (Registration) Regulations 2009, Regulations 13 and 22a, CQC can take other regulatory action. If the evidence surrounding one of these regulations also demonstrates a breach of another regulation that is identified as an offence, then CQC may also decide to prosecute against the regulation for that other offence.

1. Schedule reminders for all expiring contracts to allow sufficient time for negotiation
2. Review explanations of benefits to ensure consistent payment in line with the contract
3. Prepare to speak about market issues affecting the practice

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