Regulations for service providers and managers

Page last updated: 7 August 2024

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Regulation 6: Requirement where the service provider is a body other than a partnership

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 6

The intention of this regulation is to ensure that the provider is represented by an appropriate person nominated by the organisation to carry out this role on their behalf (nominated individual). The nominated individual is responsible for supervising the management of the regulated activity provided.

This is because providers who comply with this regulation will have appointed as a nominated individual a director, manager or secretary who:

  • Is of good character.
  • Is able to properly perform tasks that are intrinsic to their role.
  • Has the necessary qualifications, competence, skills and experience to supervise the management of the regulated activity.
  • Has supplied them with documents that confirm their suitability.

CQC cannot prosecute for a breach of this regulation or any of its parts but we can take regulatory action. See the offences section for more detail.

CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.

The regulation in full

6.—

  1. This regulation applies where the service provider is a body other than a partnership.
  2. The body must give notice to the Commission of the name, address and position in the body of an individual (in these Regulations referred to as "the nominated individual") who is—
    1. employed as a director, manager or secretary of the body, and
    2. responsible for supervising the management of the carrying on of the regulated activity by the body.
  3. The registered person must take all reasonable steps to ensure that the nominated individual—
    1. is of good character,
    2. has the necessary qualifications, competence, skills and experience to properly supervise the management of the carrying on of the regulated activity,
    3. is able by reason of their health, after reasonable adjustments are made, of properly doing so, and
    4. is able to supply to the registered person, or arrange for the availability of, the information specified in Schedule 3.
  4. In assessing an individual's character for the purposes of paragraph (3)(a), the matters considered must include those listed in Part 2 of Schedule 4

Guidance

This sets out the guidance providers must have regard to against the relevant component of the regulation.

6 (1) This regulation applies where the service provider is a body other than a partnership.

6(3) The registered person must take all reasonable steps to ensure that the nominated individual is—

6(3)(a) of good character;

6(3)(b) has the necessary qualifications, competence, skills and experience to properly supervise the management of the carrying on of the regulated activity,

6(3)(c) is able by reason of their health, after reasonable adjustments are made, of properly doing so, and