Departmental Fines

Health written question – answered on 18th January 2010.

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Photo of Edward Garnier Edward Garnier Shadow Attorney General

To ask the Secretary of State for Health what powers (a) his Department and (b) each of its agencies and non-departmental public bodies (NDPBs) have to impose administrative penalties; what the statutory basis is for each such power; and how much (i) his Department and (ii) each of its agencies and NDPBs have recovered in administrative penalties in each of the last 10 years for which figures are available.

Photo of Phil Hope Phil Hope Minister of State (the East Midlands), Regional Affairs, Minister of State (the East Midlands), Department of Health

The Care Quality Commission has the power to issue fixed penalty notices (as an alternative to prosecution) under sections 86-87 of the Health and Social Care Act 2008. These sections provide for regulations to be made to set fixed penalty offences for offences under Part 1 of that Act.

The Health and Social Care Act 2008 (Registration of Regulated Activities) Regulations 2009 (S.I. 2009 No 660) set the penalty offences and their amounts (Schedule 1) in respect of the registration of certain NHS health care providers with the Care Quality Commission against requirements relating to health care associated infections. To date, the commission has not used this power.

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