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.