The National Health Service (Licence Exemptions, etc.) Regulations 2013

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Licence Exemptions, etc.) Regulations 2013 and come into force on 1st April 2014.

(2) In these Regulations—

“the 2006 Act” means the National Health Service Act 2006(1);

“the 2012 Act” means the Health and Social Care Act 2012;

“applicable turnover” means—

(a)

the amounts, calculated in conformity with accounting practices and principles which are generally accepted in England, which are derived by a person from the provision of health care services for the purposes of the NHS(2), after deduction of trade discounts, value added tax and other taxes based on such amounts,

(b)

less turnover from providing medical services under Part 4 of the 2006 Act or dental services under Part 5 of that Act, and

(c)

before 1st April 2015, less turnover from providing NHS Continuing Healthcare or NHS funded nursing care;

“business year” means a period of more than 6 months in respect of which a person who provides health care services for the purposes of the NHS or, if applicable, the business of which that person forms part, prepares or is required to prepare accounts;

“NHS Continuing Healthcare” means a package of care arranged and funded solely through the NHS for an individual aged 18 or over who has been assessed as having a primary health need, where such care is provided to meet physical or mental health needs which have arisen as a result of disability, accident or illness;

“NHS funded nursing care” means nursing care provided by a registered nurse which is funded by the NHS to support the provision in a home providing such care; and

“nursing care provided by a registered nurse” means any services provided by a registered nurse where such services involve—

(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 registered nurse.

(3) Where a person’s business consists of two or more parts that each prepare accounts, the applicable turnover is to be calculated by adding together the applicable turnover of each of those parts, save that no account is to be taken of any turnover resulting from the supply of services by one part to another.

(1)

2006 c. 41.

(2)

See section 64(3) and (4) of the 2012 Act for the meaning of “health care services” and “the NHS”.