UK Offence Report

The Private and Voluntary Health Care (England) Regulations 2001

UK Statutory Instrument 2001 No. 3968 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
11 December 2001
In force from
1 April 2002
Extent
Not stated
Subject
Alcohol licensing, gambling, smoke-free and public health
Made under
Care Standards Act 2000

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

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. Regulation 3 provides that “listed services” include treatment using the prescribed techniques and technology set out in regulation 3(1). Regulation 3(2) then excepts certain techniques and technology from being listed services, and regulation 3(2) excludes certain establishments from the definition of an independent hospital under section 2 of the Act. These include establishments providing medical or psychiatric treatment but which have no overnight beds for patients, establishments which are service hospitals under the Armed Forces Act 1981, or which are establishments catering for offenders under the Prison Act 1952. In addition, independent clinics (as defined in these Regulations) are excluded, as are establishments where general practitioners provide NHS services, but where there may be a small minority of private patients who also receive treatment. The private residence of a patient is also excluded provided that treatment is provided there only to that patient, as are surgeries and consulting rooms (which are separate from a hospital) which provide medical services under arrangements made on behalf of patients by their employers or others, and sports grounds and gymnasia where treatment is given to those taking part in sporting activities and events. Regulation 3(4) modifies the definition of cosmetic surgery for the purpose of section 2(7) of the Act. Regulation 4 defines the meaning of the term “independent clinic” and regulation 5 excepts certain establishments from being an independent medical agency. By regulation 6, each establishment or agency must have a statement of purpose consisting of the matters set out in Schedule 1, and a patients' guide to the establishment or agency. The establishment or agency must be carried on in a manner which is consistent with the statement of purpose. Regulation 9 sets out the policies and procedures which must be prepared and implemented in relation to an establishment. Regulations 10 to 14 make provision about the fitness of the persons carrying on and managing an establishment or agency and require satisfactory information to be obtained in relation to the matters prescribed in Schedule 2. Where the provider is an organisation, it must nominate a responsible individual in respect of whom this information must be available (regulation 10). Regulation 11 prescribes the circumstances where a manager must be appointed for the establishment or agency, and regulation 13 imposes general requirements in relation to the proper conduct of the establishment or agency, and the need for appropriate training. Part III makes provision about the conduct of establishments or agencies, in particular about the quality of the services to be provided in an establishment or agency, including matters relating to privacy, dignity and religious observance, the staffing of the establishment or agency and the fitness of workers and about complaints and record keeping (regulation 21 and Schedule 3). Provision is also made about the suitability of premises and the fire precautions to be taken and the management of establishments and agencies. The registered provider is required to visit the establishment or agency as prescribed (regulation 26), and regulation 27 imposes requirements relating to the financial viability of the establishment or agency. Regulations 28 to 32 deal with the giving of notices to the Commission. Part IV and Schedule 4 set out additional requirements that apply to independent hospitals, and Parts V and VI set out additional requirements applying to independent clinics and independent medical agencies. Part VII deals with miscellaneous matters. In particular, regulation 51 provides for offences. A breach of regulations 6, 7, 9, 14, 15, 16(1) to (4), 17 to 32, 34 to 42 and 44 to 49 may found an offence on the part of the registered person. However, no prosecution may be brought unless the Commission has given the registered person a notice which sets out in what respect it is alleged he is not complying with a regulation, and what action, and by when, the Commission considers is necessary in order to comply with the regulation.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source