The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the 2014 Regulations”).

Regulation 2 amends the 2014 Regulations. Regulation 2(2) inserts a new fundamental standard, regulation 9A (visiting and accompanying in care homes, hospitals and hospices), into the 2014 Regulations.

New regulation 9A provides as follows—

• Regulation 9A(1) provides that regulation 9A applies to a registered person in respect of ‘relevant regulated activities’ (as defined in regulation 9A(6)) carried on in care homes, hospitals and hospices.

• Regulation 9A(2) applies unless there are exceptional circumstances. It provides that service users must be facilitated to receive visits in a care home, hospital or hospice where their care or treatment involves an overnight stay or the provision of accommodation in those premises and that service users who are provided with accommodation in a care home must not be discouraged from taking visits out of the care home. It further provides that where a service user attends a hospital or hospice for the provision of care or treatment which does not involve an overnight stay, they must be enabled to be accompanied at the hospital or hospice.

• Regulation 9A(3) sets out the things that a registered person must do to comply with regulation 9A(2), which includes, for example, putting in place necessary and proportionate precautions to enable a service user to receive visits or be accompanied safely.

• Regulation 9A(4) provides that nothing in regulation 9A requires a service user to receive a visit, take a visit out of a care home or to be accompanied without their consent or where the service user does not have capacity, where it would not be in their best interests. In addition, it provides that nothing in regulation 9A requires or enables a registered person to do anything which would not be in accordance with any court or tribunal order or with any provision made in or under relevant legislation. Regulation 9A(5) sets out the relevant legislation.

• Regulation 9A(6) sets out the definitions for terms used in regulation 9A.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. A de minimis assessment is available from the Department of Health and Social Care, 39 Victoria Street, London, SW1H 0EU and is published with the Explanatory Memorandum alongside this instrument at www.legislation.gov.uk.