AC-2024-LON-001142 - [2025] EWHC 2015 (Admin)

A person (whether an individual or a service provider) who provides a regulated activity in England must apply to register with the CQC (section 11(1) HSCA).

By section 12(2), where CQC is satisfied that the requirements of regulations made under section 20, and the requirements of any other enactment which appears to CQC to be relevant, “are being and will continue to be complied with (so far as applicable) in relation to the carrying on of the regulated activity it must grant the application; otherwise it must refuse it .”

The application may be granted either unconditionally or subject to such conditions as the CQC thinks fit (section 12(3)); it may at any time (a) vary or remove any condition for the time being in force in relation to a person’s registration as a service provider, or (b) impose any additional condition (section 12(5)), and it may also suspend a registration at any time (section 18(1)). The CQC has the power to impose, remove or vary a condition, or suspend a registration urgently, on written notice, if it “has reasonable cause to believe that unless it acts… any person will or may be exposed to the risk of harm” (section 31(1)).

The Care Quality Commission (Registration) Regulations 2009 require any service provider that is an organisation to have a “registered manager” as a condition of a service provider’s registration; a registered manager is a person who is in day-to-day charge of delivering a service provider’s regulated activity (in a particular location). A registered manager must apply to CQC to be registered for a regulated activity in the same way as a provider. Regulation 7 of the 2014 Regulations sets out the additional statutory requirements that registered managers must satisfy to be assessed as fit to manage the regulated activity; these include being of good character and having the necessary qualifications, skills, competence and experience to manage the regulated activity (assessed as specific to the sector, intended service user group and specifications of the proposed service).

Regulation 6 of the 2014 Regulations requires providers who are not partnerships to notify the CQC of a “nominated individual” who must be a director or manager of the providers responsible for “supervising the management of the carrying on of the regulated activity”.