The Care and Support (Market Oversight Criteria) Regulations 2015

Providers of personal care (non-residential)

2.—(1) Section 55 of the Act applies to a registered care provider(1) who is not a local authority(2) and who is registered in respect of the carrying on of the regulated activity set out in paragraph 1 of Schedule 1 to the 2014 Regulations (personal care) where—

(a) the number of hours of regulated care provided by the registered care provider in a week is 30,000 or more; or

(b) the number of people to whom regulated care is provided by the registered care provider in a week is 2,000 or more; or

(c) the number of—

(i) people to whom regulated care is provided by the registered care provider in a week is 800 or more; and

(ii) hours of regulated care provided by that provider in the same week divided by that number of people exceeds 30.

(2) In this regulation, “regulated care” means care provided in connection with the carrying on of the regulated activity set out in paragraph 1 of Schedule 1 to the 2014 Regulations (personal care).

(3) For the purpose of this regulation, where a registered care provider is an undertaking—

(a) the hours of regulated care provided by the provider include hours of regulated care provided by any group undertaking of the provider; and

(b) the number of people to whom regulated care is provided by the provider includes people to whom regulated care is provided by any group undertaking of the provider.

(1)

See section 48(1) of the Act for the meaning of “registered care provider”.

(2)

See section 1(4) of the Act for the meaning of “local authority”; the definition is limited to local authorities in England.