The Care Quality Commission (Reviews and Performance Assessments) (Amendment) Regulations 2017

Amendment of the Care Quality Commission (Reviews and Performance Assessments) Regulations 2014

2.—(1) The Care Quality Commission (Reviews and Performance Assessments) Regulations 2014(1) are amended as follows.

(2) In regulation 1(2) for the definition of “the 2010 Regulations”, substitute—

““the 2014 Regulations” mean the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014(2);”.

(3) For the table in the Schedule, substitute—

“Table

Registered Service Provider	Regulated Activity
An NHS Trust	All regulated activities, except for surgical procedures as referred to in paragraph 6(1) of Schedule 1 to the 2014 Regulations which is carried out in connection with any of the activities listed in Schedule 2 (activities for which licences may be granted) to the Human Fertilisation and Embryology Act 1990(3) and for which a licence has been granted to that person under section 16 (grant of licence) of that Act.
An NHS Foundation Trust	All regulated activities, except for surgical procedures as referred to in paragraph 6(1) of Schedule 1 to the 2014 Regulations which is carried out in connection with any of the activities listed in Schedule 2 (activities for which licences may be granted) to the Human Fertilisation and Embryology Act 1990 and for which a licence has been granted to that person under section 16 (grant of licence) of that Act.
An independent hospital	All regulated activities except for surgical procedures as referred to in paragraph 6(1) of Schedule 1 to the 2014 Regulations which is carried out in connection with any of the activities listed in Schedule 2 (activities for which licences may be granted) to the Human Fertilisation and Embryology Act 1990 and for which a licence has been granted to that person under section 16 (grant of licence) of that Act.
A provider whose sole or main purpose is the provision of primary medical services pursuant to— (a) section 83(2) of the 2006 Act (primary medical services); (b) section 84 of that Act (general medical services contracts); or (c) section 92 of that Act (arrangements by the Board for the provision of primary medical services).	All regulated activities.
Any other service provider	Personal Care as referred to in paragraph 1 of Schedule 1 to the 2014 Regulations.
	Accommodation for persons who require nursing or personal care as referred to in paragraph 2 of Schedule 1 to the 2014 Regulations.
	Activity— (a) within paragraph 3 of Schedule 1 to the 2014 Regulations (accommodation for persons who require treatment for substance misuse); (b) of treatment for a disease, disorder or injury within paragraph 4 of Schedule 1 to the 2014 Regulations, to the extent that it is for the treatment for drug or alcohol misuse, where that is the main or sole activity carried out by the service provider; (c) of diagnostic and screening procedures within paragraph 7 of Schedule 1 to the 2014 Regulations, to the extent that it is provided for or in connection with the diagnosis or treatment of drug or alcohol misuse, where that is the main or sole activity carried out by the service provider.
	Activity of treatment for a disease, disorder or injury within paragraph 4(1) of Schedule 1 to the 2014 Regulations, to the extent that it is dialysis treatment.
	Activity within paragraph 6 of Schedule 1 to the 2014 Regulations, to the extent that the surgery is carried out to the eye to correct refractive error.
	Surgical procedures for cosmetic purposes within paragraph 6(1)(c) of Schedule 1 to the 2014 Regulations, where the procedure requires intravenous sedation, general anaesthesia or the insertion of an implant.
	Activity— (a) within paragraph 9(1) of Schedule 1 to the 2014 Regulations (transport services); (b) of treatment for a disease, disorder or injury within paragraph 4 of Schedule 1 to the 2014 Regulations, to the extent that it is carried out in connection with the regulated activity within paragraph 9(1) of that Schedule; (c) of surgical procedures within paragraph 6 of Schedule 1 to the 2014 Regulations, to the extent that it is carried out in connection with the regulated activity within paragraph 9(1) of that Schedule.
	Termination of pregnancies as referred to in paragraph 11 of Schedule 1 to the 2014 Regulations.
	Nursing Care as referred to in paragraph 13 of Schedule 1 to the 2014 Regulations.”

(1)

S.I. 2014/1788.

(2)

S.I. 2014/2936, as amended by S.I. 2015/64, 643 and 664 and S.I. 2016/765.

(3)

1990 c. 37, to which amendments have been made by sections 11 and 16 of, and Schedule 2 to, the Human Fertilisation and Embryology Act 2008 (c. 22) and by S.I. 2007/1522.