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Controlled activityE+W

22Controlled activity relating to vulnerable adultsE+W

(1)A reference to a controlled activity relating to vulnerable adults must be construed in accordance with this section.

(2)An activity which is ancillary to or is carried out wholly or mainly in relation to an activity which falls within subsection (4) is a controlled activity to the extent that it is not a regulated activity relating to vulnerable adults if—

(a)it is carried out frequently by the same person or it is carried out by the same person on more than [F1three] days in any period of 30 days, and

(b)it gives the person an opportunity mentioned in subsection (5).

(3)An activity which consists in or involves on a regular basis the day to day management or supervision of a person carrying out an activity mentioned in subsection (2) is also a controlled activity relating to vulnerable adults.

(4)Each of the following falls within this subsection—

(a)the provision of primary care services;

(b)the provision of hospital services;

(c)the provision of domiciliary care;

(d)the making of arrangements in connection with an adult placement scheme;

(e)the provision of community care services;

(f)the making of payments under section 57 of the Health and Social Care Act 2001 (c. 15);

(g)such other activity as is prescribed.

(5)The opportunities are—

(a)opportunity to have any form of contact with a vulnerable adult;

(b)opportunity to have access to the health records or social services records (within the meaning of section 21(11)) of a vulnerable adult;

(c)opportunity to have access to such other information as may be prescribed relating to a vulnerable adult.

(6)In this section—

[F8(7)The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows—

(a)medical treatment under anaesthesia or intravenously administered sedation;

(b)dental treatment under general anaesthesia;

(c)obstetric services and, in connection with childbirth, medical services;

(d)termination of pregnancies;

(e)cosmetic surgery, other than—

(i)ear and body piercing;

(ii)tattooing;

(iii)the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or

(iv)the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.]

Textual Amendments

Commencement Information

I1S. 22 in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch. (as amended (30.3.2010) by S.I. 2010/1101, art. 11(2)(a))

I2S. 22 in force at 30.3.2010 in so far as not already in force by S.I. 2010/1101, art. 3

I3S. 22(1)-(4)(5)(a)(b)(6) in force at 20.1.2009 for specified purposes by S.I. 2009/39, art. 2(1)(e)(2)