The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 (revoked)

Regulations 3(7) and (8)

SCHEDULE 2 E+W Regulated Activities: General exceptions

1.—(1) Any activity which is carried on— E+W

(a) in the course of a family or personal relationship; and

(b) for no commercial consideration.

(2) A family relationship includes a relationship between two persons who—

(a) live in the same household; and

(b) treat each other as though they were members of the same family.

(3) A personal relationship is a relationship between or among friends.

(4) A friend of a person (A) includes a person who is a friend of a member of A's family.

2.  Any activity which involves the carrying on of an establishment or agency within the meaning of the Care Standards Act 2000 M1 for which Her Majesty's Chief Inspector of Education, Children's Services and Skills is the registration authority under that Act. E+W

Marginal Citations

M1 2000 c.14.

3.  The provision of all medical services (including medical services provided otherwise than under the 2006 Act) by a provider whose sole or main purpose is the provision of primary medical services— E+W

(a) under arrangements made pursuant to the following sections of the 2006 Act—

[F1 (i) section 3A (power of clinical commissioning groups as to commissioning certain health services),]

(ii) section 83(2)(b) (primary medical services),

(iii) section 92 (arrangements by [F2 the Board] for the provision of primary medical services); or

(b) under a contract entered into pursuant to section 84 of that Act (general medical services contracts: introductory) M2 .

Textual Amendments

F1 Sch. 2 para. 3(a)(i) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 150(2)(a)

F2 Words in Sch. 2 para. 3(a)(iii) substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 150(2)(b)

Marginal Citations

M2 This paragraph will cease to have effect on 1st April 2012: see regulation 3(8)(a).

[F3 4.— (1) Subject to paragraph 5, and except where paragraph 3 applies, the provision of treatment in a surgery or consulting room by a medical practitioner who is (or group of medical practitioners who are)— E+W

(a) a service provider in respect of a regulated activity specified in paragraph 5 of Schedule 1 (treatment of disease, disorder or injury) or employed by such a service provider; and

(b) either on the medical performers list for a designated body or employed by a service provider that is a designated body.

(2) In this paragraph, “designated body” means a body prescribed by regulation 4 of the Medical Profession (Responsible Officers) Regulations 2010.]

Textual Amendments

F3 Sch. 2 para. 4 substituted (1.10.2013) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(c), 9(2)

5.  Paragraph 4 does not apply in relation to— E+W

(a) treatment carried out under anaesthesia [F4 (other than local anaesthesia for the purposes of a procedure mentioned in paragraph 7(2) of Schedule 1)] or intravenously administered sedation;

F5 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (c) medical services provided in connection with childbirth;]

(d) the termination of pregnancies;

(e) cosmetic surgery, with the exception of the procedures referred to in paragraph 7(4) of Schedule 1;

(f) haemodialysis or peritoneal dialysis;

[F7 (g) endoscopy other than using a device which does not have a lumen or other channel for the purpose or design of passing fluid or instruments through, or removing body tissue or fluid or any other item from, a person’s body; ]

(h) the provision of hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) to a person who is in a sealed chamber which is gradually pressurised with compressed air, where such therapy is carried out by or under the supervision or direction of a medical practitioner.

[F8 (i) intravenous, intrathecal or epidural administration of medicines or diagnostic agents;

(j) the therapeutic or diagnostic use of x-rays, radiation, protons or magnetic resonance imaging; or

(k) invasive cardiac physiology tests.]

Textual Amendments

F4 Words in Sch. 2 para. 5(a) inserted (1.10.2013) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(c), 9(3)(a)

F5 Sch. 2 para. 5(b) omitted (1.10.2013) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(c), 9(3)(b)

F6 Words in Sch. 2 para. 5(c) substituted (1.10.2013) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(c), 9(3)(c)

F7 Sch. 2 para. 5(g) substituted (1.10.2013) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(c), 9(3)(d)

F8 Sch. 2 para. 5(i)-(k) inserted (1.10.2013) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(c), 9(3)(e)

6.  The provision by a general medical practitioner (other than one who is a provider for the purposes of paragraph 3) of— E+W

(a) primary medical services under arrangements made pursuant to the sections of the 2006 Act referred to in paragraph 3(a) and (b); or

(b) any of the services listed in paragraph 5 in premises which are the premises used by that practitioner for the purpose of the provision of primary medical services under the 2006 Act M3 .

Marginal Citations

M3 This paragraph will cease to have effect on 1st April 2012: see regulation 3(8)(a).

7.  The provision of services (other than in a surgery, consulting room or hospital) involving treatment by medical practitioners working for the purposes of an undertaking which also provides such services in pursuance of the 2006 Act M4 . E+W

Marginal Citations

M4 This paragraph will cease to have effect on 1st April 2012: see regulation 3(8)(a).

8.  Medical [F9 or dental] services provided (otherwise than [F10 in conjunction with the provision of accommodation] in a hospital) only under arrangements made on behalf of service users by— E+W

(a) their employer;

(b) a government department; or

(c) an insurance provider with whom the service users hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity.

Textual Amendments

F9 Words in Sch. 2 para. 8 inserted (18.6.2012) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(a), 9(4)(a)

F10 Words in Sch. 2 para. 8 inserted (18.6.2012) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(a), 9(4)(b)

F11 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F11 Sch. 2 para. 9 omitted (30.11.2011) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011 (S.I. 2011/2711), regs. 1, 2(6)

10.  Forensic medical [F12 or dental] services provided under arrangements made with a police authority as defined in section 101 (interpretation) of the Police Act 1996 M5 . E+W

Textual Amendments

F12 Words in Sch. 2 para. 10 inserted (18.6.2012) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(a), 9(5)

Marginal Citations

M5 1996 c.16. The definition of police authority in section 101 was amended by the Greater London Authority Act 1999 (c. 29), section 312(2).

F13 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F13 Sch. 2 para. 11 omitted (30.11.2011) by virtue of The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2011 (S.I. 2011/2711), regs. 1, 2(6)

12.  Primary ophthalmic services provided under Part 6 of the 2006 Act and services of a kind which, if provided in pursuance of that Act, would be provided as primary ophthalmic services under that Part. E+W

13.  Pharmaceutical services and local pharmaceutical services provided under Part 7 of the 2006 Act [F14 , services of a kind which, if provided in pursuance of that Act, would be provided as pharmaceutical services or local pharmaceutical services under that Part or services provided, in pursuance of that Act, at or from premises that are a registered pharmacy (within the meaning given by section 74 of the Medicines Act 1968).] E+W

Textual Amendments

F14 Words in Sch. 2 para. 13 substituted (1.4.2013) by The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013 (S.I. 2013/235), art. 1(2), Sch. 2 para. 150(3)

14.  The provision of first aid by— E+W

(a) health care professionals where it is provided in unexpected or potentially dangerous situations requiring immediate action;

(b) organisations established for that purpose; or

(c) non-health care professionals trained to deliver such treatment.

15.  Defence medical and dental services being— E+W

(a) health or dental care provided by the Armed Services;

(b) education and training provided by the Armed Services to service and other personnel in connection with the provision of health or dental care, including the maintenance of the clinical skills of such personnel; and

(c) any service or facility falling within sub-paragraph (a) or (b) provided on behalf of the Armed Services under any agreement or arrangement made with the Armed Services.

16.  Treatment provided in a school to the pupils of that school by a nurse who is engaged and directed by the school. E+W

17.  In this Schedule— E+W

(a) “insurance provider” means—

(i) a person regulated by the [F15 Financial Conduct Authority or the Prudential Regulation Authority] who sells insurance, or underwrites the risk of such insurance, or

(ii) the agent of such a person; and

(b) “primary dental services” includes the provision of dental implants.

Textual Amendments

F15 Words in Sch. 2 para. 17 substituted (1.4.2013) by The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) Order 2013 (S.I. 2013/472), Sch. 2 para. 186

[F16 Exemption for the Olympics and Paralympics E+W

18.— (1) Any activity which is carried on under temporary arrangements in relation to those persons taking part in, or attending, a London Olympic event during the London Olympics period.

(2) In this paragraph, “London Olympic event” and “London Olympics period” have the meanings given by section 1 (interpretation of principal terms) of the London Olympic Games and Paralympic Games Act 2006.]

Textual Amendments

F16 Sch. 2 para. 18 inserted (18.6.2012) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012 (S.I. 2012/1513), regs. 1(2)(a), 9(6)