Q&As

Can the Care Quality Commission insist that an individual is removed in their role as partner in a general partnership, on the grounds that the individual has lost mental capacity? The business run by the partnership is a registered provider.

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 12/10/2020

The following Corporate Q&A Produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • Can the Care Quality Commission insist that an individual is removed in their role as partner in a general partnership, on the grounds that the individual has lost mental capacity? The business run by the partnership is a registered provider.

The Care Quality Commission (CQC) has responsibility under the Health and Social Care Act 2008 (HSCA 2008) for regulating bodies, including partnerships, which are engaged in regulated activities (eg the provision of health and social care in England). HSCA 2008, s 20 confers powers on the Secretary of State to make regulations governing the powers of the CQC to register providers of regulated activities. HSCA 2008, s 20(3)(a) provides that the regulations may impose requirements that persons engaged in regulated activities are 'fit to carry on or manage a regulated activity'.

In 2014 the Health and Social Care Act 2008 (Regulated Activiti

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