30 November 2010

    Q. If I do not manage to register with CQC in time and continue to see patients after 1 April 2011, would this be a criminal or civil offence?

    From 1 April 2011 not being registered with the CQC will be a statutory offence - see Regulation 28(1) and Schedule 4 and Regulation 10(1).

    Schedule 4 states that practising without a suitable CQC registration in place will be a fixed penalty offence for which the fine is £4,000.

    Agreeing to accept a fixed penalty notice (you can argue against it and go to summary trial in the magistrates court), does not mean you have a conviction (see www.homeoffice.gov.uk). The penalty is similar to those issued for road traffic offences. A statutory fixed penalty offence is neither specifically a criminal or civil offence.

    If the recipient either refuses to accept the notice, or refuses to pay the penalty having received it, s/he is then liable to prosecution under the criminal law (as above) and trial will be in the majistrates court.

    Payment of the notice discharges the recipient from liability to prosecution.

    You can read more about CQC here

     

    Dental Protection Limited (registered in England No. 2374160) is a member of the Medical Protection Society Limited (registered in England No.36142) group of companies. Both companies have their registered office at 33 Cavendish Square, London W1G 0PS. MPS is not an insurance company. All the benefits of membership of MPS are discretionary as set out in the Memorandum and Articles of Association