The National Health Service (Licence Exemptions, etc.) Amendment Regulations 2015

Statutory Instruments

2015 No. 190

National Health Service, England

The National Health Service (Licence Exemptions, etc.) Amendment Regulations 2015

Made

10th February 2015

Laid before Parliament

12th February 2015

Coming into force

1st April 2015

The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 83(1) to (3), 150(1), 304(9) and (10) of the Health and Social Care Act 2012(1).

In accordance with section 83(4) to (7) of that Act, the Secretary of State has given notice to Monitor, the National Health Service Commissioning Board, and the Care Quality Commission and its Healthwatch England committee and published that notice.

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Licence Exemptions, etc.) Amendment Regulations 2015 and come into force on 1st April 2015.

Amendment of the National Health Service (Licence Exemptions, etc.) Regulations 2013

2.—(1) The National Health Service (Licence Exemptions, etc.) Regulations 2013(2) are amended as follows.

(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “applicable turnover” substitute —

““applicable turnover” means the amounts, calculated in conformity with accounting practices and principles that are generally accepted in England, which are derived by a person from the provision of health care services for the purposes of the NHS(3), after deduction of any of the following—

(a)

trade discounts, value added tax and other taxes based on such amounts, and

(b)

turnover from providing medical services under Part 4 of the 2006 Act, dental services under Part 5 of that Act, NHS Continuing Healthcare and NHS funded nursing care;”.

(3) In regulation 6 (exemption from the requirement to hold a licence: NHS Continuing Healthcare and NHS funded nursing care), omit paragraph (2).

Signed by authority of the Secretary of State for Health.

Earl Howe

Parliamentary Under-Secretary of State,

Department of Health

10th February 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Licence Exemptions, etc.) Regulations 2013 (“the 2013 Regulations”).

Regulation 2(2) amends the definition of “applicable turnover” to provide that the turnover from providing NHS Continuing Healthcare or NHS funded nursing care remains excluded from the calculation of applicable turnover. Regulation 2(3) amends regulation 6 of the 2013 Regulations to remove the reference to March 2015, this means that persons that only provide NHS Continuing Healthcare and NHS funded nursing care will continue to be exempt from the requirement to hold a licence, unless regulation 9 of the 2013 Regulations applies. (Regulation 9 of those Regulations makes provision for the exemptions provided for in regulation 5, 6, 7 or 8 to be subject to conditions and for the withdrawal of the exemptions where one or more of the conditions are no longer met).

A full regulatory impact assessment has not been produced for this instrument as it has no significant effect on business, charities, voluntary bodies or the public sector.

(1)

2012 c. 7. See section 150(1) of the Health and Social Care Act 2012 for the meaning of “prescribed”.

(2)

S.I. 2013/2677.

(3)

See section 64(3), (4) and (5) of the 2012 Act for the meaning of “health care”, “the NHS” and the provision of health care services for the purposes of the NHS.