The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) Regulations 2016

Amendments to regulation 16 of the principal Regulations

3.  In regulation 16 of the principal Regulations (matters to be included in commissioning contracts)—

(a) for paragraph (1), substitute—

“(1) A commissioning contract entered into by a relevant body must contain terms and conditions that ensure that the health service provider complies with all the duties imposed upon a registered person by regulation 20 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014(1) (duty of candour) (“the 2014 Regulations”), as modified by paragraph (1B), irrespective of whether—

(a) the health service provider is a registered person; or

(b) the health service provider is carrying on a regulated activity.”;

(b) after paragraph (1A), insert—

“(1B) For the purposes of paragraph (1), regulation 20 of the 2014 Regulations is modified as follows—

(a) for “Registered persons” in paragraph (1), substitute “Health service providers”;

(b) for “registered person”, in each place it appears, substitute “health service provider”;

(c) in paragraph (1), omit “in carrying on a regulated activity”; and

(d) in paragraphs (8) and (9) for “a regulated activity”, substitute “health care services”;”; and

(c) in paragraph (2)—

(i) omit the definitions of “appropriate apology”, “patient safety incident”, “relevant person” and “relevant information”; and

(ii) after the definition of “LETB”, insert—

““registered person” has the same meaning as in regulation 2(1) of the 2014 Regulations (interpretation);

“regulated activity” means an activity prescribed as a regulated activity for the purposes of section 8(1) of the Health and Social Care Act 2008(2) (regulated activity) by regulation 3 of the 2014 Regulations (prescribed activities).”.

(1)

S.I. 2014/2936; relevant amendments to which were made by S.I. 2015/64.

(2)

2008 c.14.