Part 1

The Care Quality Commission
Chapter 2

Registration in respect of provision of health or social care

Power to modify provisions of Chapter

Power to modify Chapter in relation to newly regulated activities
43
1
Regulations may modify the provisions of this Chapter in their application to any newly regulated activity of a prescribed description.
2
A “newly regulated activity” is any regulated activity other than one which—
a
consists of or includes the carrying on of a relevant concern,
b
under the 2000 Act as it has effect immediately before commencement, is regulated under Part 2 of that Act by virtue of regulations under section 42 of that Act (power to extend application of that Part), or
c
consists of the provision of health care by a National Health Service body, as defined by section 121 of that Act.
3
For this purpose a relevant concern is anything which, under the 2000 Act as it has effect immediately before commencement, would for the purposes of that Act be—
a
an independent hospital,
b
an independent clinic,
c
an independent medical agency,
d
a care home,
e
a domiciliary care agency, or
f
a nurses agency.
4
Any regulated activity carried on by or on behalf of the Crown is for this purpose a newly regulated activity.
5
In this section—
- “the 2000 Act” means the Care Standards Act 2000 (c. 14);
- “commencement” means the commencement of section 10 of this Act.
S. 43 partly in force; S. 43 in force for specified purposes at Royal Assent, see s. 170
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
S. 43 in force at 6.4.2010 in so far as not already in force by S.I. 2010/807, art. 2(1), Sch. 1 para. 11 (with Pt. 3)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)