The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

[^f00016]: S.I. 2010/93. Relevant amendments were made by S.I. 2011/1941.

[^f00017]: 2003 c. 42.

[^f00018]: 2012 c. 10.

[^f00019]: 1974 c. 39.

[^f00020]: 2000 c. 7. See section 15(1) (general interpretation), as amended by the Communications Act 2003 (c. 21), section 406(1) and paragraph 158 of Schedule 17.

[^f00021]: 1971 c. 80. See section 1 and paragraph 1 of Schedule 1.

[^f00022]: S.I. 2011/2711.

[^f00023]: S.I. 2012/921.

[^f00024]: S.I. 2012/1513.

[^f00025]: 1989 c. 41.

[^f00026]: S.I. 1997/2776.

[^f00027]: S.I. 1996/1656.

[^f00028]: 1990 c. 37. Relevant amendments were made by: the Human Fertilisation and Embryology Act 2008 (c. 22), sections 11 and 66, Paragraphs 1 and 2 of Schedule 2, and Schedule 8, Part 1; and S.I. 2007/1522.

[^f00029]: 1984 c. 24. Section 14 was substituted by S.I. 2005/2011 and amended by S.I. 2007/3101.

[^f00030]: Section 17E was inserted into the Mental Health Act 1983 (c. 20) by section 32(1) and (2) of the Mental Health Act 2007 (c. 12).

[^f00031]: Relevant amendments were made by: the Human Fertilisation and Embryology Act 2008 (c. 22), sections 11 and 66, Schedule 2, and Schedule 8, Part 1; and S.I. 2007/1522 and 2009/2232.

[^f00032]: 1994 c.17. Relevant amendments were made by S.I. 2007/3101 and 2008/1774.

[^f00033]: S.I. 2009/3015. There are no relevant amendments to article 6 of the Air Navigation Order 2009.

[^f00034]: 2000 c. 14. See section 5 (registration authorities), as amended by the Adoption and Children Act 2002 (c. 38), section 139(1) and paragraphs 103 and 105 of Schedule 3, the Health and Social Care Act 2008, section 95 and paragraphs 1 and 6 of Schedule 5, and section 4(2)(b) of the Children and Young Persons Act 2008 (c. 23).

[^f00035]: S.I. 2010/2841. Relevant amendments were made by S.I. 2011/2581 and 2013/391.

[^f00036]: 1996 c. 16. Relevant amendments were made by section 96(2)(a) of the Police Reform and Social Responsibility Act 2011 (c. 13).

[^f00037]: 1968 c. 67. Section 74 was amended by the Statute Law (Repeals) Act 1993 (c. 50) and S.I. 2010/231.

[^f00038]: 1997 c. 50. Sections 113A and 113B were inserted by section 163(2) of the Serious Crime and Police Act 2005 (c. 15) and amended by: the Safeguarding Vulnerable Groups Act 2006, section 63(1) and Schedule 9, Part 2, paragraph 14; the Armed Forces Act 2006 (c. 52), section 378(1) and paragraph 149 of Schedule 16; the Criminal Justice and Immigration Act 2008 (c. 4), section 50; the Policing and Crime Act 2009 (c. 26), sections 97(2) and 112(2) and Part 8 of Schedule 8; the Protection of Freedoms Act 2012, sections 79(2), 80(1), 82 and 115, paragraphs 35 to 37 and 135 of Schedule 9, and Parts 5 and 6 of Schedule 10; the Crime and Courts Act 2013 (c. 22), section 15(3) and Schedule 8, Part 2, paragraphs 55 and 60; and S.I. 2009/203, 2010/1146, 2012/3006 and 2013/1200.

[^f00039]: Section 30A was inserted by section 72(1) of the Protection of Freedoms Act 2012 and amended by S.I. 2012/3006.

[^f00040]: 1986 c. 45. Part VIIA was inserted by section 108 of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00041]: S.I. 2009/3112, as amended by S.I. 2010/49, 2012/921, 2012/1641 and 2013/235.

Editorial notes

[^c22244711]: 2008 c. 14. Section 20 of the Health and Social Care Act 2008 (“the 2008 Act”) was amended by section 81 of the Care Act 2014 (c. 23). Section 161(3) of the 2008 Act was amended by section 294(4) of the Health and Social Care Act 2012 (c. 7).

[^c22244721]: 2010 c. 32. Section 1B was inserted by section 53(7) of the Education Act 2011 (c. 21).

[^c22244731]: 1983 c. 20.

[^c22244741]: 2005 c. 9. Relevant amendments were made by the Mental Health Act 2007 (c. 12), sections 50 and 55 and Part 10 of Schedule 11.

[^c22244751]: 2006 c. 41.

[^c22244771]: S.I. 2010/781, as amended by S.I. 2011/2711, 2012/921, 2012/979, 2012/1479, 2012/1513, 2013/235 and 2013/472.

[^c22244781]: 1973 c. 35. Relevant amendments were made by the Employment Relations Act 1999 (c. 26), section 31 and paragraphs 1 and 7 of Schedule7.

[^c22244791]: S.I. 2002/618. Relevant amendments were made by S.I. 2008/2986.

[^c22244801]: 1999 c. 21. Relevant amendments were made by the Health and Social Care Act 2008, sections 111 and 116, paragraph 1 of Schedule 8 and Part 2 of Schedule 15, the Health and Social Care Act 2012, sections 209 and 213, and S.I. 2002/253 and 2010/231.

[^c22244811]: 1992 c. 13. Relevant amendments were made by the Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), section 125 and paragraphs 1 and 13(1) and (2) of Schedule 8.

[^c22244821]: 2010 c. 15.

[^c22244831]: By section 1(1) of the 2008 Act, “the Commission” means the Care Quality Commission.

[^c22244841]: 1996 c. 56. Relevant amendments were made by the Education Act 1997 (c. 44), sections 51 and 57, paragraph 10 of Schedule 7 and Schedule 8, the Education Act 2002 (c. 32), section 215 and Part 3 of Schedule 22, the Childcare Act 2006 (c. 21), section 95, and the Education Act 2011 (c. 21), section 54 and paragraph 9 of Schedule 13, and S.I. 2010/1080.

[^c22244851]: 2006 c. 47. Relevant amendments were made by section 65(2) of the Protection of Freedoms Act 2012 (c. 9).

[^c22244861]: S.I. 2010/93. Relevant amendments were made by S.I. 2011/1941.

[^c22244871]: 2003 c. 42.

[^c22244891]: 1974 c. 39.

[^c22244901]: 2000 c. 7. See section 15(1) (general interpretation), as amended by the Communications Act 2003 (c. 21), section 406(1) and paragraph 158 of Schedule 17.

[^c22244911]: 1971 c. 80. See section 1 and paragraph 1 of Schedule 1.

[^c22244921]: S.I. 2011/2711.

[^c22244931]: S.I. 2012/921.

[^c22244941]: S.I. 2012/1513.

[^c22244951]: 1989 c. 41.

[^c22244961]: S.I. 1997/2776.

[^c22244971]: S.I. 1996/1656.

[^c22244981]: 1990 c. 37. Relevant amendments were made by: the Human Fertilisation and Embryology Act 2008 (c. 22), sections 11 and 66, Paragraphs 1 and 2 of Schedule 2, and Schedule 8, Part 1; and S.I. 2007/1522.

[^c22244991]: 1984 c. 24. Section 14 was substituted by S.I. 2005/2011 and amended by S.I. 2007/3101.

[^c22245001]: Section 17E was inserted into the Mental Health Act 1983 (c. 20) by section 32(1) and (2) of the Mental Health Act 2007 (c. 12).

[^c22245011]: Relevant amendments were made by: the Human Fertilisation and Embryology Act 2008 (c. 22), sections 11 and 66, Schedule 2, and Schedule 8, Part 1; and S.I. 2007/1522 and 2009/2232.

[^c22245021]: 1994 c.17. Relevant amendments were made by S.I. 2007/3101 and 2008/1774.

[^c22245041]: 2000 c. 14. See section 5 (registration authorities), as amended by the Adoption and Children Act 2002 (c. 38), section 139(1) and paragraphs 103 and 105 of Schedule 3, the Health and Social Care Act 2008, section 95 and paragraphs 1 and 6 of Schedule 5, and section 4(2)(b) of the Children and Young Persons Act 2008 (c. 23).

[^c22245051]: S.I. 2010/2841. Relevant amendments were made by S.I. 2011/2581 and 2013/391.

[^c22245061]: 1996 c. 16. Relevant amendments were made by section 96(2)(a) of the Police Reform and Social Responsibility Act 2011 (c. 13).

[^c22245071]: 1968 c. 67. Section 74 was amended by the Statute Law (Repeals) Act 1993 (c. 50) and S.I. 2010/231.

[^c22245081]: 1997 c. 50. Sections 113A and 113B were inserted by section 163(2) of the Serious Crime and Police Act 2005 (c. 15) and amended by: the Safeguarding Vulnerable Groups Act 2006, section 63(1) and Schedule 9, Part 2, paragraph 14; the Armed Forces Act 2006 (c. 52), section 378(1) and paragraph 149 of Schedule 16; the Criminal Justice and Immigration Act 2008 (c. 4), section 50; the Policing and Crime Act 2009 (c. 26), sections 97(2) and 112(2) and Part 8 of Schedule 8; the Protection of Freedoms Act 2012, sections 79(2), 80(1), 82 and 115, paragraphs 35 to 37 and 135 of Schedule 9, and Parts 5 and 6 of Schedule 10; the Crime and Courts Act 2013 (c. 22), section 15(3) and Schedule 8, Part 2, paragraphs 55 and 60; and S.I. 2009/203, 2010/1146, 2012/3006 and 2013/1200.

[^c22245091]: Section 30A was inserted by section 72(1) of the Protection of Freedoms Act 2012 and amended by S.I. 2012/3006.

[^c22245101]: 1986 c. 45. Part VIIA was inserted by section 108 of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^c22245111]: S.I. 2009/3112, as amended by S.I. 2010/49, 2012/921, 2012/1641 and 2013/235.

[^key-a8934b48cd646a2b15f61cba65a18e64]: Reg. 23(1)(2)(3) omitted (12.3.2015) by virtue of The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 85(2) (with reg. 5(1))

[^key-c78038eebe1a7f4146832cbd311e0794]: Words in reg. 23(4) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 85(3) (with reg. 5(1))

[^key-e40c0ce9b6f455db0e2653edf8f80e6f]: Reg. 23(5A) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 13(3)

[^key-69ad820985add678134f0b66469ad4ce]: Words in reg. 23(5) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 13(2)

[^key-cfd4006d757b69e18580339e3c934677]: Reg. 23(6) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 13(4)

[^key-848a66492cec7d2f8cfa740dfb6613f2]: Reg. 20A inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 11

[^key-7c706646e2d6dadf699ce71ac429fe16]: Words in Sch. 5 Table substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 17(2)

[^key-05c487590a8b379d2a0166f40acafe29]: Words in Sch. 5 Table inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 17(3)

[^key-b6ab473f4239fe1777f9c3e14cd6f16e]: Words in reg. 2(1) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 4

[^key-b534688b53be012afe43adefc5fe37e1]: Word in reg. 4(5) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 5(a)

[^key-d4ac0ee1cb9d951725babb4c2b0a84da]: Word in reg. 4(6) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 5(a)

[^key-4c52438538a69dd1e0cee51c13b5482b]: Reg. 4(7) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 5(b)

[^key-c2f24fc290a4f8d942b22a6da67d790c]: Reg. 5(1) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 6(2)

[^key-36fac04f6848160eda6d9db20811573c]: Words in reg. 5(2) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 6(3)(a)

[^key-5def0b41f17f2f4942a9456ec7ee4af7]: Word in reg. 5(2)(b) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 6(3)(b)

[^key-011a7cab3e3a52377f528998561f2b6f]: Word in reg. 6(3)(b) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 7(a)

[^key-4efdd19cbe0d1e41e74096c64d56c199]: Reg. 6(4) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 7(b)

[^key-80c0474cb21756fdffc68962bca485b3]: Word in reg. 7(2)(b) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 8(a)

[^key-0a9bdddd1c8e40309ee03c328a3fd5aa]: Reg. 7(3) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 8(b)

[^key-37774507476a3ddbfb734d1b644bfa14]: Words in reg. 8 substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 9

[^key-63d32820d5881c85eb3cbb65c0b747d3]: Words in reg. 20(1) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(2)

[^key-8aa04ece90ade8611c933a3cb5902396]: Words in reg. 20(2) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(a)

[^key-a6a5b920c0a04b1728ff52108d38dd60]: Words in reg. 20(3)(a) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(b)

[^key-bce51ea76521cd047e5be4ea79978c2d]: Words in reg. 20(3)(b) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(b)

[^key-d65149f323b88ea4061dfde682b046c0]: Words in reg. 20(3)(c) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(b)

[^key-1936e89486bc1bc5365225c5fc4c9b2b]: Words in reg. 20(3)(e) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(b)

[^key-3ba2ad5fbe2402fdf409f27fa849df99]: Words in reg. 20(5) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(c)

[^key-da6f8fbf5242c13075ab273104e9c28a]: Words in reg. 20(6) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(3)(d)

[^key-876cd66bc95ca13930b55d692e9b3a6f]: Words in reg. 20(7) substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(4)(a)

[^key-8afc93b9cf24b20a772b080f65f2e627]: Words in reg. 20(7) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(4)(b)

[^key-77f5435e8349c9b624c15d7a1feff189]: Words in reg. 20(7) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(4)(c)

[^key-8074735693f9f837ad5b0ceb824140ba]: Reg. 20(8)(9) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 10(5)

[^key-8b8cf3e9cc6b1eff3e4d6b34a2689e39]: Word in reg. 22(1)(b) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 12(2)(a)

[^key-63e2ae8adf8f12d51e6fb3ca1af6a848]: Reg. 22(1)(d)(e) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 12(2)(b)

[^key-2e88be68f137cae19993fbaacba22ff6]: Reg. 22(3) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 12(3)

[^key-9c2cf5096f747003d34db3a2ef96eac5]: Words in reg. 22(4) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 12(4)

[^key-53572f3ead402bd0796ceff00efe8ae5]: Reg. 25 renumbered as reg. 25(1) (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 14(2)

[^key-85b9d98e3b9a46f26176640c0fed7496]: Reg. 25(2) inserted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 14(3)

[^key-da67c85ecc9db232473725e9981b2691]: Reg. 26(2) omitted (1.4.2015) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 15

[^key-36e1b02a6a663f33592a6044e9befaad]: Words in Sch. 1 para. 10(2)(c) substituted (1.4.2015) by The Care Act 2014 (Consequential Amendments) (Secondary Legislation) Order 2015 (S.I. 2015/643), art. 1(2), Sch. para. 48 (with art. 4)

[^key-0bb47785b66a89f1b23bcb943b15d879]: Words in Sch. 1 para. 9(4)(a) substituted (25.8.2016) by The Air Navigation Order 2016 (S.I. 2016/765), art. 1, Sch. 14 Pt. 2 para. 7 (with arts. 17-23, 274(2)-(4))

[^key-d47af1b8975339a02064d5a7f47e079b]: Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 34(a); S.I. 2019/1436, reg. 2(b)

[^key-3f2c2b36f31f77505f2f325172eca548]: Words in reg. 2(1) substituted (2.12.2019) by The Children and Social Work Act 2017 (Consequential Amendments) (Social Workers) Regulations 2019 (S.I. 2019/1094), reg. 1, Sch. 3 para. 34(b); S.I. 2019/1436, reg. 2(b)

[^key-618879cb1ba3aab1eb917bff67fcd6a1]: Sch. 2 para. 12 inserted (17.12.2020) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2020 (S.I. 2020/1550), regs. 1(2), 2

[^key-db91cfb89fb91f50aa0eff025337b2d1]: Word in reg. 17(2)(d)(i) substituted (11.11.2021) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (S.I. 2021/891), regs. 1, 6(a)

[^key-dc038bfa5ae212b9a9dd42c6ac7a7397]: Words in reg. 17(2)(d)(ii) substituted (11.11.2021) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021 (S.I. 2021/891), regs. 1, 6(b)

[^key-555f7a0d75499e74e2d75fc54646527f]: Words in reg. 2 omitted (15.3.2022) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022 (S.I. 2022/206), regs. 1(2), 2(2)(a)

[^key-c435343cb2216029417e40e645a8753d]: Words in reg. 2 omitted (15.3.2022) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022 (S.I. 2022/206), regs. 1(2), 2(2)(b)

[^key-06fa4e51470e37f54eb1c82c9a22184a]: Reg. 12(3)-(6) omitted (15.3.2022) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022 (S.I. 2022/206), regs. 1(2), 2(3)

[^key-cd19ffe51124347e2be6f93488b6e784]: Word in reg. 17(2)(d)(i) inserted (15.3.2022) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022 (S.I. 2022/206), regs. 1(2), 2(4)(a)

[^key-6bb9718f5d467d54019ef80d02c299ca]: Word in reg. 17(2)(d)(ii) omitted (15.3.2022) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022 (S.I. 2022/206), regs. 1(2), 2(4)(b)

[^key-c3d2980b3df329871ecf41e06313e35e]: Reg. 17(2)(d)(iii) omitted (15.3.2022) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 3) Regulations 2022 (S.I. 2022/206), regs. 1(2), 2(4)(c)

[^key-10aaa42978967ce993b84fef385f93ba]: Word in reg. 2(1) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 124(2)(a)

[^key-d5f1db55f75d4e7e979d36fee429308f]: Words in reg. 2(1) inserted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 124(2)(b)

[^key-6422fbb5cdae15ce2f226bd5469a9838]: Words in reg. 19(3) substituted (15.1.2024) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1404), regs. 1(1), 2(2)(a)

[^key-2d50d8f6ebd46c5e7da1f05e68a3e232]: Reg. 19(3A) inserted (15.1.2024) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1404), regs. 1(1), 2(2)(b)

[^key-0fac383b85b6a7de929e1fc6bb7544d0]: Reg. 19(7) inserted (15.1.2024) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/1404), regs. 1(1), 2(2)(c)

[^key-3051eefd51e76365416b58bfce5070f0]: Reg. 9A inserted (6.4.2024) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023 (S.I. 2023/1402), regs. 1(1), 2(2)

[^key-55d69fae7f1a95d7823704881225a46e]: Word in Sch. 1 para. 4(4)(a) omitted (13.12.2024) by virtue of The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374), art. 1(3), Sch. 5 para. 23(a)(i)

[^key-cb2b769fde2d0b795455ecd9688a049a]: Sch. 1 para. 4(4)(a)(xv) and word inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374), art. 1(3), Sch. 5 para. 23(a)(ii)

[^key-7a91aa7d3661c1629ff781209359ccb2]: Sch. 1 para. 4(4)(g) inserted (13.12.2024) by The Anaesthesia Associates and Physician Associates Order 2024 (S.I. 2024/374), art. 1(3), Sch. 5 para. 23(b)

[^key-afbf65ee4c78ef98110d1fe7d45b3dad]: Reg. 1(6) omitted (30.3.2025) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025 (S.I. 2025/232), regs. 1, 3(2)

[^key-f7da7d5c8247caf53313b272a63906f9]: Reg. 27(3)(4) inserted (30.3.2025) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025 (S.I. 2025/232), regs. 1, 3(3)(b)

[^key-a85c5157387ae9bbc09d16d3c2853037]: Words in reg. 27(1) substituted (30.3.2025) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025 (S.I. 2025/232), regs. 1, 3(3)(a)

Requirement as to display of performance assessments

20A

• (1) This regulation applies where, and to the extent that, a service provider has received a rating of its performance by the Commission following an assessment of its performance under section 46(1) of the Act (reviews and performance assessments).

• (2) There must be shown on every website maintained by or on behalf of any service provider—

• (a) the Commission’s website address,

• (b) the place on the Commission’s website where the most recent assessment of the service provider’s overall performance and of its performance in relation to particular premises or activities may be accessed, and

• (c) the most recent rating by the Commission of the service provider’s overall performance and of its performance in relation to particular premises or activities, in a way which makes it clear to which activities or premises a particular rating relates.

• (3) There must be displayed at each premises from which the service provider provides regulated activities at least one sign showing the most recent rating by the Commission that relates to the service provider’s performance at those premises.

• (4) For the purposes of paragraph (3), where the service provider has not received a rating of its performance at those premises, the rating to be shown is the rating of the service provider’s overall performance.

• (5) There must be displayed at the service provider’s principal place of business at least one sign showing the most recent rating of—

• (a) the service provider’s overall performance, and

• (b) its performance in relation to particular premises or activities, in a way which makes it clear to which activities or premises a particular rating relates.

• (6) But paragraph (5) does not apply where the service provider’s performance at its principal place of business, or at the premises of which it is part, is itself subject to a separate performance rating given by the Commission (in which case paragraphs (3) and (4) apply).

• (7) Any sign displayed, or anything shown on a website, under this regulation must—

• (a) be legible,

• (b) be displayed conspicuously in a place which is accessible to service users, and

• (c) for each rating shown, show the date on which it was given by the Commission.

• (8) This regulation does not apply to any premises that are—

• (a) the service provider’s own home, except where service users have access to it for the purposes of receiving services provided in the carrying on of a regulated activity, or

• (b) a service user’s accommodation where such accommodation is not provided as part of the service user’s care or treatment.

12

Any activity which—

• (a) is carried on for the purpose of testing for the presence of severe acute respiratory syndrome coronavirus (“SARS-CoV-2”) in an individual, or for the presence of antibodies to SARS-CoV-2, or

• (b) is carried on for the purpose of processing, analysing or reporting the results of a test for the presence of SARS-CoV-2 in an individual, or for the presence of antibodies to SARS-CoV-2.

Visiting and accompanying in care homes, hospitals and hospices

9A

• (1) This regulation applies to a registered person in respect of a relevant regulated activity carried on in a care home, hospital or hospice.

• (2) Unless there are exceptional circumstances, service users—

• (a) whose care or treatment involves an overnight stay or the provision of accommodation in a care home, hospital or hospice, must be facilitated to receive visits at those premises;

• (b) who are provided with accommodation in a care home, must not be discouraged from taking visits out of that care home;

• (c) who attend a hospital or hospice for the provision of care or treatment which does not involve an overnight stay, must be enabled to be accompanied at those premises by a family member, friend or a person who is otherwise providing support to the service user.

• (3) Without limiting paragraph (2), the things which a registered person must do to comply with that paragraph include—

• (a) in relation to paragraph (2)(a), securing that service users are facilitated to receive visits in a way that is appropriate, meets the service user’s needs and, so far as reasonably practicable, reflects their preferences;

• (b) in relation to paragraph (2)(a) and (c), taking such action, or putting in place such precautions, as is necessary and proportionate to ensure that service users may receive visits or be accompanied safely;

• (c) securing that, when making arrangements or decisions in respect of a service user for the purposes of paragraph (2), regard is given to any care or treatment plan for the service user;

• (d) involving relevant persons when making any arrangements or decisions in respect of a service user for the purposes of paragraph (2).

• (4) Nothing in this regulation—

• (a) requires a service user to receive a visit, take a visit out of a care home or be accompanied—

• (i) without the relevant person’s consent, or

• (ii) where the service user lacks the capacity to give consent, where it would not be in the service user’s best interests;

• (b) requires or enables a registered person to do anything which would not be in accordance with any court or tribunal order or with any provision (including any direction, power or authorisation) contained in, or made by virtue of, any of the legislation listed in paragraph (5) (including by virtue of any instrument made under that legislation).

• (5) The legislation referred to in paragraph (4)(b) is—

• (a) the 1983 Act;

• (b) the 2005 Act;

• (c) so far as relating to high security psychiatric services, the 2006 Act.

• (6)

• (a) In this regulation—

• “care home” has the meaning given in section 3 (care homes in England) of the Care Standards Act 2000;

• “hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons who attend or are resident there who are suffering from a progressive disease in its final stages;

• “relevant regulated activity” means an activity prescribed in regulation 3 as a regulated activity for the purposes of section 8(1) of the Act, except it does not include—the regulated activities in paragraphs 1, 3, 8 and 9 of Schedule 1,any detoxification services for substance misuse provided in the course of carrying on a regulated activity,any services provided to a service user (other than a service user who is in receipt of services provided in the carrying on of the regulated activity in paragraph 5 of Schedule 1) who—is, or is required to be, detained in a prison or other institution to which the Prison Act 1952 applies,is detained under the Immigration Acts,is required to be detained in a prison or other institution to which equivalent legislation to that referred to in sub-paragraph (aa) applies in Scotland and Northern Ireland;

• “visit” (except in the context of the taking of a visit out of a care home), means a visit from—a family member of the service user,a friend of the service user,a person visiting to provide support or companionship to the service user;

• (b) in the definition of ‘relevant regulated activity’ in sub-paragraph (a), “prison” has the same meaning as in section 53(1) of the Prison Act 1952;

• (c) a reference to having or lacking capacity, or to a person’s best interests, in this regulation is to be interpreted in accordance with the 2005 Act.

Dignity and respect

Need for consent

Safe care and treatment

Safeguarding service users from abuse and improper treatment

Meeting nutritional and hydration needs

Premises and equipment

Receiving and acting on complaints

Good governance

Staffing

Fit and proper persons employed

Duty of candour

Requirement as to display of performance assessments