A while back, whilst researching the requirements for registration as a domiciliary care provider with the Care Quality Commission (CQC), I became concerned that the definition they were applying might pick up carers who employed a personal assistant on behalf of a person who lacked capacity. This would mean that those carers would be obliged to register with CQC as domiciliary care providers, or they would be guilty of a criminal offence. As the Personalisation agenda is rolled out, more carers may use direct payments to employ a personal assistant to provide support for someone they care for who lacks the capacity to employ them directly themselves. Under s10 Health and Social Care Act 2008 any person who carries on a regulated activity without registration is guilty of an offence, and could be liable for a fine of up to £50,000 or sentenced to a prison term of up to twelve months. Is it possible that Personalisation could, therefore, be criminalising carers?