The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
| Jurisdiction | UK Non-devolved |
| Citation | SI 2014/2936 |
| Year | 2014 |
Statutory Instruments
2014 No. 2936
National Health Service, England
Social Care, England
Public Health, England
The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Made
6th November 2014
Coming into force in accordance with regulation 1
M1
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8, 20(1) to (5A), 35, 86(2) and (4), 87(1) and (2) and 161(3) and (4) of the Health and Social Care Act 2008 .
In accordance with section 20(8) of that Act, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.
A draft of these Regulations was laid before Parliament in accordance with section 162(3) of the Health and Social Care Act 2008, and was approved by a resolution of each House of Parliament.
Marginal Citations
M1
2008 c. 14. Section 20 of the Health and Social Care Act 2008 (“the 2008 Act”) was amended by section 81 of the Care Act 2014 (c. 23). Section 161(3) of the 2008 Act was amended by section 294(4) of the Health and Social Care Act 2012 (c. 7).
Modifications etc. (not altering text)
C1
Regulations modified (temp.) (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 181(7)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
(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.
(4)
Paragraph (3) applies to—
(a)
regulation 5, and Schedule 3 insofar as it relates to regulation 5;
(b)
regulation 20;
(c)
regulation 21, only insofar as it relates to regulations 5 and 20;
(d)
regulation 22(3);
(e)
regulation 22(4), only insofar as it relates to a breach of regulation 20(2)(a) and (3);
(f)
regulation 23(6);
(g)
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);
(h)
regulation 26(2);
(i)
Schedule 4.
(5)
All other provisions of these Regulations come into force on 1st April 2015.
(6)
F1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendments (Textual)
F1
Reg. 1(6) omitted (30.3.2025) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025 (S.I. 2025/232), regs. 1, 3(2)
(1)
In these Regulations—
“
16 to 19 Academy
” has the same meaning as in section 1B of the Academies Act 2010
M2
;
“
the Act
” means the Health and Social Care Act 2008;
“
the 1983 Act
” means the Mental Health Act 1983
M3
;
“
the 2005 Act
” means the Mental Capacity Act 2005
M4
;
“
the 2006 Act
” means the National Health Service Act 2006
M5
;
“
the 2001 Order
” means the
F2
;
“
the 2010 Regulations
” means the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010
M6
;
“
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
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;
“
equipment
” includes—
(a)
a medical device (as defined in regulation 2(1) (interpretation) of the Medical Devices Regulations 2002)
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, 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
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(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,
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...
(c)
a Special Health Authority
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, 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
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;
“
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...
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