Guidance for providers on data enforcement (Capacity Tracker) – Last updated 11.01.23

The 2022 Act amended part 9 of the Health and Social Care Act 2012 (the 2012 Act) by inserting a new power (new section 277A) for the Secretary of State for Health and Social Care to require ASC providers to provide information relating to:

• themselves
• their activities in connection with the provision of ASC in England
• persons to whom they have provided such care

This power came into force on 31 July 2022 and applies to all ASC providers regulated by the Care Quality Commission (CQC). DHSC has outlined that they will not look to use the enforcement powers (issuing any notice to providers or penalty fines) until the end of April 2023.

Care England has produced a summary document that can be accessed here.