Persons to be regarded as the person carrying on a regulated activity
4.—(1) For the purposes of Chapter 2 of Part 1 of the Act (registration in respect of the provision of health or social care), the following provisions apply.
(2) Where a regulated activity is carried on by a person (A) and one or more other persons who are—
(a)individuals; and
(b)employees of A for the purpose of carrying on the regulated activity,
A is to be regarded as the person who carries on the regulated activity.
(3) For the purposes of paragraph (2), a person is an employee of A where that person—
(a)is employed by A under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract (including under a carer agreement); or
(b)has been granted practising privileges by A.
(4) Where the provision of services under arrangements between a body of trustees established for the purpose of providing services to meet the health or social care needs of a named beneficiary and a provider of such services falls to be regarded as a regulated activity, it is the provider and not the body of trustees which shall be regarded as the person who carries on that regulated activity.
(5) In this regulation—
(a)“carer agreement” has the same meaning as in the Adult Placement Schemes (England) Regulations 2004(1); and
(b)“practising privileges” means the grant, by a person managing a hospital (as defined in section 275 of the National Health Service Act 2006(2)), to a registered medical practitioner(3) of permission to practise as a medical practitioner in that hospital.
S.I. 2004/2071 to which there are amendments not relevant to these Regulations.
The definition of “registered medical practitioner” in Schedule 1 to the Interpretation Act 1978 (c.30) has been substituted by S.I. 2002/3135, Schedule 1, paragraph 10 with effect from 16th November 2009.