The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011

JurisdictionUK Non-devolved
CitationSI 2011/2711
Year2011

2011 No. 2711

National Health Service, England

The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011

Made 10th November 2011

Coming into force 30th November 2011

The Secretary of State for Health, in exercise of the powers conferred by sections 8(1) and 161(3) and (4) of the Health and Social Care Act 20081, makes the following Regulations:

A draft of these Regulations was laid before Parliament in accordance with section 162(3) of the Health and Social Care Act 2008 and approved by resolution of each House.

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011 and shall come into force on 30th November 2011.

S-2 Amendment to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010

Amendment to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010

2.—(1) The Health and Social Care Act 2008 (Regulated Activities) Regulations 20102are amended as follows.

(2) In regulation 3 (prescribed activities) omit paragraphs (3), (4) and (6).

(3) For paragraph (8) of regulation 3 substitute—

S-8

“8 In Schedule 2, paragraphs 3, 6 and 7 and, in paragraph 4, the words “and except where paragraph 3 applies,” shall cease to have effect—

(a) on 1st April 2012 in relation to all activities carried on by providers of out of hours services (whether or not those activities are carried on in the out of hours period); and

(b) on 1st April 2013 for all other purposes.”

(4) After paragraph (8) of regulation 3 insert—

S-9

“9 The following definitions shall apply for the purposes of paragraph (8)—

“bank holiday” means any day that is specified or proclaimed as a bank holiday in England pursuant to section 1 (bank holidays) of the Banking and Financial Dealings Act 19713;

“out of hours period” means—

(a) in the case of arrangements made pursuant to section 83(2)(b) (primary medical services) of the 2006 Act—

(i) except where sub-paragraph (ii) applies, the period which falls outside the period defined as core hours under the terms of the arrangements, or

(ii) where the primary medical services under the terms of the arrangements are required to be provided only outside the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday unless that day is Good Friday, Christmas Day or a bank holiday...

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