The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

JurisdictionUK Non-devolved
CitationSI 2014/2936
(1) These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.(2) This regulation and regulation 2 come into force on the day after the day on which these Regulations are made.(3) The provisions to which this paragraph applies come into force at the end of the period of 21 days beginning with the day on which these Regulations are made.regulation 5, and Schedule 3 insofar as it relates to regulation 5;regulation 20;regulation 21, only insofar as it relates to regulations 5 and 20;regulation 22(3) ;regulation 22(4) , only insofar as it relates to a breach of regulation 20(2) (a) and (3) ;regulation 23(6) ;regulation 24 and Schedule 5, only insofar as they relate to a contravention of, or a failure to comply with, requirements in regulation 20(2) (a) and (3) ;regulation 26(2) ;Schedule 4.(5) All other provisions of these Regulations come into force on 1st April 2015.(6) These Regulations cease to have effect after F9431st March 2025.(1) In these Regulations—
  • 16 to 19 Academy” has the same meaning as in section 1B of the Academies Act 2010 ;
  • the Act” means the Health and Social Care Act 2008;
  • the 1983 Act” means the Mental Health Act 1983 ;
  • the 2005 Act” means the Mental Capacity Act 2005 ;
  • the 2006 Act” means the National Health Service Act 2006 ;
  • the 2001 Order” means the F83Health Professions Order 2001;
  • the 2010 Regulations” means the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 ;
  • employment” means—
    • (a) employment under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract, and
    • (b) the grant of practising privileges by a service provider to a medical practitioner, giving permission to practice as a medical practitioner in a hospital managed by the service provider,
    and “employed” and “employer” is to be construed accordingly;
  • employment agency” and “employment business” have the same meaning as in section 13 (interpretation) of the Employment Agencies Act 1973 ;
  • equipment” includes—
    • (a) a medical device (as defined in regulation 2(1) (interpretation) of the Medical Devices Regulations 2002) , and
    • (b) materials used in, or used by persons employed in, the carrying on of a regulated activity;
  • “health care professional”, except in paragraph 4 of Schedule 1, means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999
  • (regulation of health professions, social workers, other care workers, etc) applies;
  • health service body” means—
    • (a) an NHS trust established under section 25 of the 2006 Act,
    • (b) an NHS foundation trust,...
    • (c) a Special Health Authority F96, or
    • (d) NHS England;
  • “hospital”, except in paragraphs 1(3) (d) and 5 of Schedule 1, has the same meaning as in section 275 (interpretation) of the 2006 Act;
  • institution within the further education sector” has the same meaning as in section 91 (interpretation of Education Acts) of the Further and Higher Education Act 1992 ;
  • local anaesthesia” means any anaesthesia other than general, spinal or epidural anaesthesia, and also excludes the administration of a regional nerve block;
  • medical practitioner” means a registered medical practitioner;
  • “nominated individual” must be construed in accordance with regulation 6(2) ;
  • nurse” means a registered nurse;
  • nursing care” means any services provided by a nurse and involving—
    • (a) the provision of care, or
    • (b) the planning, supervision or delegation of the provision of care,
other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse;
  • partnership” does not include a limited liability partnership;
  • personal care” means—
    • (a) physical assistance given to a person in connection with—
      • (i) eating or drinking (including the maintenance of established parenteral nutrition) ,
      • (ii) toileting (including in relation to the process of menstruation) ,
      • (iii) washing or bathing,
      • (iv) dressing,
      • (v) oral care, or
      • (vi) the care of skin, hair and nails (with the exception of nail care provided by a person registered with the Health and Care Professions Council as a chiropodist or podiatrist pursuant to article 5 of the 2001 Order) , or
    • (b) the prompting, together with supervision, of a person, in relation to the performance of any of the activities listed in paragraph (a) , where that person is unable to make a decision for themselves in relation to performing such an activity without such prompting and supervision;
  • premises” means—
    • (a) any building or other structure, including any machinery, engineering systems or other objects which are physically affixed and integral to such building or structure, and any surrounding grounds, or
    • (b) a vehicle,
but in regulations 12, 14 and 15 does not include the service user's accommodation where such accommodation is not provided as part of the service user's care or treatment ...;...

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