1.—(1) The criterion in sub-paragraph (2) only applies in the case where a person, in providing a health care service for the purposes of the NHS(1), is, or on the grant of a licence would be, carrying on a regulated activity within the meaning of Chapter 2 of Part 1 (the Care Quality Commission) of the Health and Social Care Act 2008 (“the 2008 Act”)(2).
(2) A person—
(a)must be registered with the Care Quality Commission in accordance with Chapter 2 (registration in respect of provision of health or social care) of Part 1 of the 2008 Act in respect of the carrying on of that regulated activity; or
(b)must have made an application pursuant to arrangements referred to in section 288(2)(b) (Monitor: duty to co-operate with Care Quality Commission) of the Health and Social Care Act 2012 and the Care Quality Commission has informed Monitor that the person will be registered with the Care Quality Commission in accordance with Chapter 2 of Part 1 of the 2008 Act in respect of the carrying on of that regulated activity at the date on which the licence is to be granted.
See section 64(3) and (4) of the Health and Social Care Act 2012 (“2012 Act”) for the meaning of “health care services” and “the NHS”.
2008 c.14. Relevant amendments are made to Part 1 of the 2008 Act by sections 55(2) and 289 of, and Schedule 5 to, the 2012 Act. The Care Quality Commission is established by section 1 of the 2008 Act.