PART 3

Regulation of health and adult social care services
CHAPTER 3

Licensing

Licensing requirement

Exemption regulations
83
1
Regulations (referred to in this section and section 84 as “exemption regulations”) may provide for the grant of exemptions from the requirement under section 81 in respect of—
a
a prescribed person or persons of a prescribed description;
b
the provision of a prescribed health care service or a health care service of a prescribed description.
2
Exemption regulations may grant an exemption—
a
either generally or to the extent prescribed;
b
either unconditionally or subject to prescribed conditions;
c
indefinitely, for a prescribed period or for a period determined by or under the exemption.
3
Conditions subject to which an exemption may be granted include, in particular, conditions requiring any person providing a service pursuant to the exemption—
a
to comply with any direction given by NHS England about such matters as are specified in the exemption or are of a description so specified,
b
except to the extent that NHS England otherwise approves, to do, or not to do, such things as are specified in the exemption or are of a description so specified (or to do, or not to do, such things in a specified manner), and
c
to refer for determination by NHS England such questions arising under the exemption as are specified in the exemption or are of a description so specified.
4
Before making exemption regulations the Secretary of State must give notice to—
a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
NHS England, and
c
the Care Quality Commission and its Healthwatch England committee.
5
The Secretary of State must also publish a notice under subsection (4).
6
A notice under subsection (4) must—
a
state that the Secretary of State proposes to make exemption regulations and set out their proposed effect,
b
set out the Secretary of State's reasons for the proposal, and
c
specify the period (“the notice period”) within which representations with respect to the proposal may be made.
7
The notice period must be not less than 28 days beginning with the day after that on which the notice is published under subsection (5).
8
Where an exemption is granted the Secretary of State—
a
if the exemption is granted to a prescribed person, must give notice of it to that person, and
b
must publish the exemption.
S. 83 partly in force; s. 83 in force for specified purposes at Royal Assent, see s. 306(1)(d)
S. 83 in force at 1.4.2014 in so far as not already in force by S.I. 2014/39, art. 2(3)
Words in s. 83 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 83(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 83(3)(b) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
Words in s. 83(3)(c) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
S. 83(4)(a) omitted (1.7.2022) by virtue of Health and Care Act 2022 (c. 31), s. 186(6), Sch. 5 para. 47(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)