C2C1C3C4Part 1The Care Quality Commission

Annotations:
Modifications etc. (not altering text)
C3

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C4

Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)

C2C1C3C4Chapter 2Registration in respect of provision of health or social care

Offences

I136False description of concerns, premises etc.

1

Any person who, with intent to deceive any person—

a

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

b

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

so as to indicate, or reasonably be understood to indicate, that the carrying on of the concern is a regulated activity or that the premises are used for the carrying on of a regulated activity is guilty of an offence unless the conditions in subsection (2) are met.

2

Those conditions are—

a

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

b

that the registration has not been suspended.

3

Any person who, with intent to deceive any person, in any way describes or holds out any person registered under this Chapter as a service provider in respect of a regulated activity as able to provide a service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Chapter in relation to the regulated activity is guilty of an offence.

4

A person guilty of an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

5

In this section “concern” includes any organisation.