Section 88 Guidance by the Commission in relation to enforcement actionI1I2
England and Wales
The Commission must issue guidance about how it will exercise its functions under any of the following provisions of this Part—
section 12(5) (variation, removal or imposition of condition in relation to registration as a service provider),
section 15(5) (variation, removal or imposition of condition in relation to registration as a manager),
sections 17 and 18 (cancellation or suspension of registration),
F1sections 29 and 29A (warning notice),
section 86 (penalty notices), and
section 89 (publication of information).
The guidance may also include guidance, in relation to any Part 1 offence, as to the circumstances in which the Commission is likely to take criminal proceedings for the offence.
The Commission may from time to time revise guidance published by it under this section and issue the revised guidance.
Before issuing any guidance or revised guidance under this section, the Commission must consult—
such persons as may be prescribed, and
such other persons as the Commission considers appropriate.
Annotations
Textual amendments
- F1
Words in s. 88(1)(d) substituted (1.4.2015) by Care Act 2014 (c. 23), ss. 82(5), 127(1); S.I. 2015/993, art. 2(v) (with transitional provisions in S.I. 2015/995)
Commencement
- I1
S. 88 partly in force; S. 88 in force for specified purposes at Royal Assent, see s. 170
- I2
S. 88 in force at 1.10.2008 in so far as not already in force by S.I. 2008/2497, art. 2(k)
Notes on Part 1
Modifications
- C1
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
- C2
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
- 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)
Notes on Chapter 6
Modifications
- C1
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
- C2
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
- C3
Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)