The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011

Statutory Instruments

2011 No. 2711

National Health Service, England

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011

Made

10th November 2011

Coming into force

30th November 2011

The Secretary of State for Health, in exercise of the powers conferred by sections 8(1) and 161(3) and (4) of the Health and Social Care Act 2008(1), makes the following Regulations:

A draft of these Regulations was laid before Parliament in accordance with section 162(3) of the Health and Social Care Act 2008 and approved by resolution of each House.

Citation and commencement

1.  These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011 and shall come into force on 30th November 2011.

Amendment to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010

2.—(1) The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010(2) are amended as follows.

(2) In regulation 3 (prescribed activities) omit paragraphs (3), (4) and (6).

(3) For paragraph (8) of regulation 3 substitute—

“(8) In Schedule 2, paragraphs 3, 6 and 7 and, in paragraph 4, the words “and except where paragraph 3 applies,” shall cease to have effect—

(a) on 1st April 2012 in relation to all activities carried on by providers of out of hours services (whether or not those activities are carried on in the out of hours period); and

(b) on 1st April 2013 for all other purposes.”

(4) After paragraph (8) of regulation 3 insert—

“(9) The following definitions shall apply for the purposes of paragraph (8)—

“bank holiday” means any day that is specified or proclaimed as a bank holiday in England pursuant to section 1 (bank holidays) of the Banking and Financial Dealings Act 1971(3);

“out of hours period” means—

(a)

in the case of arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act—

(i)

except where sub-paragraph (ii) applies, the period which falls outside the period defined as core hours under the terms of the arrangements, or

(ii)

where the primary medical services under the terms of the arrangements are required to be provided only outside the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday unless that day is Good Friday, Christmas Day or a bank holiday, the period which falls outside the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday unless that day is Good Friday, Christmas Day or a bank holiday;

(b)

in all other cases—

(i)

the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day,

(ii)

the period between 6.30pm on Friday and 8am the following Monday, and

(iii)

Good Friday, Christmas Day and bank holidays;

“out of hours services” means primary medical services provided in all or part of the out of hours period;

“provider of out of hours services” means a person that provides out of hours services—

(a)

as a provider of primary medical services under arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act to patients who are neither registered patients of that provider nor accepted as temporary residents by that provider;

(b)

under arrangements made pursuant to section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) of the 2006 Act to patients who are neither registered patients of that provider nor accepted as temporary residents by that provider; or

(c)

as an out of hours services sub-contractor of a provider of primary medical services under—

(i)

arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act;

(ii)

a contract entered into pursuant to section 84 (general medical services contracts: introductory) of the 2006 Act; or

(iii)

arrangements made pursuant to section 92 (arrangements by Strategic Health Authorities for the provision of primary medical services) of the 2006 Act;

“registered patient” means—

(a)

a person who is recorded by the Primary Care Trust as being on the provider’s list of patients; or

(b)

a person whom the provider has accepted for inclusion on its list of patients (whether or not notification of that acceptance has been received by the Primary Care Trust) and who has not been the subject of a notification by the Primary Care Trust to the provider as having ceased to be on that list; and

“temporary resident” means a person who is not a registered patient and who is accepted by a provider of primary medical services as a patient under the terms of that provider’s contract.”.

(5) In Schedule 1 (regulated activities), in paragraph 10(1), omit the words “by an English NHS provider”.

(6) In Schedule 2 (regulated activities: general exceptions) omit paragraphs 9 and 11.

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

10th November 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (“the 2010 Regulations”).

These Regulations change the date on which the carrying on of primary medical services becomes a regulated activity from 1st April 2012 to 1st April 2013 for non-out of hours providers of primary medical services. The date of 1st April 2012 remains unchanged for out of hours providers of primary medical services (as defined by these Regulations).

These Regulations also remove some provisions of the 2010 Regulations that are spent (regulation 2(2), (5) and (6)).

An impact assessment of the effect that this instrument will have on the costs and benefits to the service providers in question is available on the Department of Health’s website at

http://www.dh.gov.uk/en/Publicationsandstatistics/Legislation/index.htm and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

2008 c.14. “Prescribed” and “regulations” are defined in section 97(1) of the Act.

(2)

S.I. 2010/781.

(3)

1971 c.80.