The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 deal with the fit and proper persons test and the duty of candour which came into force in November 2014 and with fundamental standards which came into force on 1 April 2015. This briefing includes an updated version of our earlier advice on the fit and proper persons test and the duty of candour and provides guidance on meeting the fundamental standards.

We welcome members' ongoing feedback on the implementation of all of the regulations emanating from the Care Act, and we are in an open dialogue with CQC and others about their implementation.

The regulations are intended to comprise a comprehensive suite of requirements that will help the CQC to regulate provider organisation compliance with fundamental standards. Breach of regulations 11, 12, 13, 14, 16,17 and 20 can lead to directly to the prosecution of organisations with the possibility of substantial fines being imposed in addition to possible damage to the reputation of the organisation involved.

It is not known whether prosecution will be the preferred route for breaches given that other regulatory action will be available to the CQC. However, all provider boards will wish to assure themselves that they have the necessary processes and procedures in place to comply for patient benefit and to support staff appropriately, as well as given the likely national focus on monitoring compliance with the new standards.