Consultation outcome

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: consultation document

Updated 4 November 2021

Applies to England

Introduction

The Health and Social Care Act 2008 requires all providers of ‘regulated activities’ in England to register with the Care Quality Commission (CQC), and to comply with the requirements and fundamental standards set out in regulations made under that Act.

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the 2014 regulations”) set out the scope of these regulated activities, and some of these requirements. In January 2015, amending regulations inserted a provision into the 2014 regulations meaning that the regulations expire automatically after 31 March 2022.

The government is currently carrying out a review of the 2014 regulations to determine whether the scope of the 2014 regulations is still proportionate to ensure that regulated activities are delivered safely to a high standard.

In the meantime, to ensure that providers continue to be bound by the obligations and standards set out in the 2014 regulations, and that the CQC continues to have the power to regulate and enforce providers’ activities, the government intends to make regulations to extend the expiry date of the 2014 regulations.

This consultation asks for views on the options the government is considering for extending the regulations.

Extending the expiry date of the 2014 regulations

The 2014 regulations apply to all providers of a regulated activity including NHS bodies (for example, NHS trusts, NHS foundation trusts), adult social care providers, independent providers and voluntary sector organisations.

The 2014 regulations were made on 6 November 2014 and commenced fully for all registered providers on 1 April 2015. They are due to expire after 31 March 2022.

The Department of Health and Social Care (the department) is currently reviewing the 2014 regulations and intends to make regulations to extend the expiry date of the 2014 regulations to ensure that providers will continue to be bound by the requirements set out in the 2014 regulations while this review is being completed.

Post implementation review of the 2014 regulations

The 2014 regulations provide for the regulations to be reviewed. The purpose of this review will be to assess whether the objectives intended to be achieved by the 2014 regulations have been achieved and, if so, whether they remain appropriate.

The department is currently proceeding with work to carry out a review of the 2014 regulations. The review will include a post implementation questionnaire which will be sent to providers to gather their views on whether the 2014 regulations have met their intended purpose. The department will then analyse the responses to the questionnaire and publish a post implementation report, setting out the department’s findings.

The department is aware that since the 2014 regulations came into force there have been a number of changes to the Health and Care Sector. Therefore as part of a wider review, consideration will be given as to whether there are any new health and care professional groups or new regulated activities that ought to fall within scope of the regulations.

The department will work with the CQC to identify areas of activity that either need to be brought into, or out of scope of the 2014 regulations with a view of further amending the 2014 regulations. Once proposals for amending the 2014 regulations have been finalised within government, the department will publish a public consultation asking for views on the proposed amendments to the scope of the 2014 regulations.

Purpose of the consultation

The purpose of this consultation is to gather views on the duration of the proposed extension to the 2014 regulations.

This consultation will run from 15 July 2021 and will end on 2 September 2021.

The department is considering extending the 2014 regulations by 3 years. This will give the department sufficient time to complete the review of the 2014 regulations, draft changes to the regulations and to bring into force new regulations to implement any changes as a result of the review.

Question

Do you agree with the department’s proposal to extend the expiry date of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 for a further 3 years?

• Yes
• No

Question

Do you have any other comments in relation to the department’s proposals to extend the expiry date?

Equalities

At this stage the government is only seeking to extend the expiry date of the 2014 regulations and is not considering any further amendments that will have an additional impact on equalities.

There will be a full review of the 2014 regulations and as part of this, equalities impact assessments will be developed and assessed.

Responding to the consultation

This consultation begins on 15 July 2021 and closes on 2 September 2021. Department of Health and Social Care policy officials will consider all responses to the consultation questions received during this period and consider these in finalising its options in extending the expiry date of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.

Respond to this consultation online

Due to the number of staff working at home, it will unfortunately not be possible to receive responses via post.

It will help us to analyse the responses if respondents fill in the online consultation response form. The online consultation response form will be available for the whole consultation period.

Following the closing date of this consultation, policy officials at the Department of Health and Social Care will analyse the replies and publish a response document within 12 weeks of the consultation, or provide an explanation as to why this is not possible. The consultation response will set out the main findings resulting from the submissions made to the consultation. The response will also confirm the finalised policy pending debate of the draft amendment regulations in both houses of Parliament.

If you have concerns or comments which you would like to make relating specifically to the consultation process itself, please email 2014regulations@dhsc.gov.uk