http://www.legislation.gov.uk/id/uksi/2001/3968

http://www.legislation.gov.uk/uksi/2001/3968/part/VII/made

The Private and Voluntary Health Care (England) Regulations 2001

Medical and psychiatric treatment

Health care

Voluntary health services

Dialysis

National Health Service (NHS)

King's Printer of Acts of Parliament

2014-09-29

PUBLIC HEALTH, ENGLAND

These Regulations are made under the Care Standards Act 2000 (“the Act”), and apply to England only. Part I of the Act establishes, in relation to England, the National Care Standards Commission (“the Commission”) and Part II provides for the registration and inspection of establishments and agencies, including private and voluntary health care establishments and agencies, by the Commission. It also provides powers for regulations governing the conduct of establishments and agencies. The majority of Parts I and II of the Act (in so far as not already in force) will be brought into force on 1 April 2002.

The Private and Voluntary Health Care (England) Regulations 2001

reg. 51(3)(b)-(d)

The Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002

reg. 11(2)(c)

reg. 1(1)

The Private and Voluntary Health Care (England) Regulations 2001

reg. 2(4)

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

Sch. 1

para. 29(2)(b)

art. 1

The Private and Voluntary Health Care (England) Regulations 2001

reg. 35(2)(aa)

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

Sch. 1

para. 29(5)(b)

art. 1

The Private and Voluntary Health Care (England) Regulations 2001

reg. 37(4)

The Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007

Sch. 1

para. 29(6)(c)

art. 1

The Private and Voluntary Health Care (England) Regulations 2001

reg 32B

The Private and Voluntary Health Care (England) (Amendment No. 2) Regulations 2006

reg 3

The Private and Voluntary Health Care (England) Regulations 2001

reg 32A

The Private and Voluntary Health Care (England) (Amendment) Regulations 2006

reg 2

The Private and Voluntary Health Care (England) Regulations 2001

reg. 3(2)(d)

The Human Fertilisation and Embryology (Consequential Amendments and Transitional and Saving Provisions) Order 2009

Sch. 3

para. 3(2)

Sch. 4

art. 1(1)(b)

The Private and Voluntary Health Care (England) Regulations 2001

reg. 25(4A)

The Regulatory Reform (Fire Safety) Order 2005

Sch. 3

para. 10(b)

art. 49

art. 1(3)

The Private and Voluntary Health Care (England) Regulations 2001

Regulations

The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010

Sch. 2

art. 1(1)(b)

PART VIIMISCELLANEOUS

Compliance with regulations50

Where there is more than one registered person in respect of an establishment or agency, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.

Offences51

1

A contravention, or failure to comply with, any of the provisions of regulations 6, 7, 9, 14, 15, 16(1) to (4), 17 to 32, 34 to 42 and 44 to 49 shall be an offence.

2

The Commission shall not bring proceedings against a person in respect of any contravention or failure to comply with those regulations unless—

a

subject to paragraph (4), he is a registered person;

b

notice has been given to him in accordance with paragraph (3);

c

the period specified in the notice, beginning with the date of the notice has expired; and

d

the person contravenes or fails to comply with any of the provisions of the regulations mentioned in the notice.

3

Where the Commission considers that the registered person has contravened or failed to comply with any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying—

a

in what respect in its opinion the registered person has contravened or is contravening any of the regulations, or has failed or is failing to comply with the requirements of any of the regulations;

b

what action, in the opinion of the Commission, the registered person should take so as to comply with any of those regulations; and

c

the period, not exceeding three months beginning on the date on which the notice is given, within which the registered person should take action.

4

The Commission may bring proceedings against a person who was once, but no longer is a registered person, in respect of a failure to comply with regulation 21 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.