UK Statutory Instrument SI 2014 United Kingdom

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

These Regulations prescribe the kinds of activities that are regulated activities for the purposes of Part 1 of the Health and Social Care Act 2008 (“the Act”) and requirements that apply in relation to the way in which those activities are carried on.

Enforced by
CQC, GDC
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 2 of 18 obligations carry an unlimited fine. 3 carry different penalties and 13 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator6 Any Person5 Licence Holder5

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts
Licence Holder — also bound by 225 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

General

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
Part 2

Regulated Activities

0 of 1 section shown
1 other section in this Part — procedural and definitional
Part 3

Requirements in relation to Regulated Activities

12 of 19 sections shown
s.004 Requirements where the service provider is an individual or partnership (opens in a new tab) Regulated
  • Ensure fitness and competence to provide health or social care servicesOperator
s.005 Fit and proper persons: directors (opens in a new tab) Regulated
  • Ensure directors and senior leaders are 'fit and proper' personsOperator
s.007 Requirements relating to registered managers (opens in a new tab) Regulated
  • Ensure registered managers are fit and qualified for their rolesAny Person
s.008 General (opens in a new tab) Regulated
  • Comply with fundamental standards and assess mental capacityLicence Holder
s.010 Dignity and respect (opens in a new tab) Regulated
  • Treat service users with dignity and respectLicence Holder
s.011 Need for consent (opens in a new tab) Prosecution
  • Obtain valid consent before providing care or treatmentLicence Holder

Fine up to £4,000

s.012 Safe care and treatment (opens in a new tab) Prosecution
  • Provide safe care and treatment to service usersLicence Holder

Unlimited fine

s.013 Safeguarding service users from abuse and improper treatment (opens in a new tab) Regulated
  • Protect service users from abuse and improper treatmentOperator
s.015 Premises and equipment (opens in a new tab) Regulated
  • Maintain safe, clean, and suitable premises and equipmentOperator
s.016 Receiving and acting on complaints (opens in a new tab) Regulated
  • Establish and operate a system for handling complaintsLicence Holder
s.018 Staffing (opens in a new tab) Regulated
  • Ensure sufficient, trained and competent staffingOperator
s.019 Fit and proper persons employed (opens in a new tab) Regulated
  • Ensure staff are fit and proper for regulated care activitiesAny Person
7 other sections in this Part — procedural and definitional
s.requirement as to display of performance assessmen Requirement as to display of performance assessments
s.visiting and accompanying in care homes, hospitals Visiting and accompanying in care homes, hospitals and hospices
Part 4

Compliance and Offences

2 of 3 sections shown
s.022 Offences (opens in a new tab) Prosecution
  • Fail to comply with regulated activity requirementsAny Person

Fine up to £2,500

s.023 Offences: penalties (opens in a new tab) Prosecution
  • Breach of regulation 11Any Person

Unlimited fine

1 other section in this Part — procedural and definitional
Part 5

Penalty Notices

1 of 1 section shown
s.024 Penalty notices (opens in a new tab) Regulated
  • Pay a fixed penalty notice to avoid prosecutionAny Person
Part 6

Miscellaneous

2 of 3 sections shown
s.026 Transitional and transitory provision (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • CQC cannot prosecute for past failures covered by a valid Warning NoticeStatutory regulator
s.027 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review the healthcare regulations every five yearsCrown / Minister / Government department
1 other section in this Part — procedural and definitional
Schedules

Schedules

1 of 48 shown
s.003 Information Required in Respect of Persons Employed or Appointed for the Purposes of a Regulated Activity (opens in a new tab) Regulated
  • Complete prescribed pre-employment checks for regulated activity staffOperator
47 other schedules
s.sch001 Personal care
s.sch001 Maternity and midwifery services
s.sch001 Termination of pregnancies
s.sch001 Services in slimming clinics
s.sch001 Nursing care
s.sch001 Family planning services
s.sch001 Accommodation for persons who require nursing or personal care
s.sch001 Accommodation for persons who require treatment for substance misuse
s.sch001 Treatment of disease, disorder or injury
s.sch001 Assessment or medical treatment for persons detained under the 1983 Act
s.sch001 Surgical procedures
s.sch001 Diagnostic and screening procedures
s.sch001 Management of supply of blood and blood derived products etc
s.sch001 Transport services, triage and medical advice provided remotely
s.sch002 (1) Any activity which is carried on—
s.sch002 (1) Defence medical and dental services being—
s.sch002 Treatment provided in a school to the pupils of that...
s.sch002 Any activity which— (a) is carried on for the purpose...
s.sch002 Any activity which involved the carrying on of an establishment...
s.sch002 (1) Subject to paragraph 4, the provision of treatment in...
s.sch002 Paragraph 3 does not apply in relation to—
s.sch002 (1) Medical or dental services provided (otherwise than in conjunction...
s.sch002 Forensic medicine or dental services provided under arrangements made with...
s.sch002 Primary ophthalmic services provided under Part 6 of the 2006...
s.sch002 Services which are provided at or from premises that are...
s.sch002 The provision of first aid by— (a) health care professionals...
s.sch003 Proof of identity including a recent photograph.
s.sch003 Where required for the purposes of an exempted question in...
s.sch003 Where required for the purposes of an exempted question asked...
s.sch003 Satisfactory evidence of conduct in previous employment concerned with the...
s.sch003 Where a person (P) has been previously employed in a...
s.sch003 In so far as it is reasonably practicable to obtain,...
s.sch003 A full employment history, together with a satisfactory written explanation...
s.sch003 Satisfactory information about any physical or mental health conditions which...
s.sch003 For the purposes of this Schedule— (a) “the appointed day”...
s.sch004 The person is an undischarged bankrupt or a person whose...
s.sch004 The person is the subject of a bankruptcy restrictions order...
s.sch004 The person is a person to whom a moratorium period...
s.sch004 The person has made a composition or arrangement with, or...
s.sch004 The person is included in the children's barred list or...
s.sch004 The person is prohibited from holding the relevant office or...
s.sch004 Whether the person has been convicted in the United Kingdom...
s.sch004 Whether the person has been erased, removed or struck-off a...

Help complying

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Register with the Care Quality Commission (CQC)

Complete step-by-step guide to CQC registration for healthcare providers in England, including what activities require registration, annual fees, fit and proper person …

6 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.