# The Health and Social Care (Financial Assistance) Regulations 2009, Note: Explanatory note


(This note is not part of the Regulations)
Sections 149 to 156 of the Health and Social Care Act 2008 (the “2008 Act”) make provision for financial assistance to “qualifying bodies” engaged in the provision of health and social care services, or the provision of connected services to persons providing health and social care. These regulations make further provision in relation to the conditions which must be met if a body is to be a “qualifying body”.
Regulation 3 relates to the ‘community interest test’ in section 150(1)(a) of the 2008 Act; in particular it prescribes political activities which are not to be treated as activities which a reasonable person might consider are carried on “for the benefit of the community”.
Regulation 4 specifies when a group of individuals may be considered to be a section of the community, for the purposes of section 150(1)(a) of the 2008 Act.
Regulation 5 prescribes the condition to be met by qualifying bodies in relation to the distribution of profits, and the type of bodies which are excepted from that requirement.
Regulations 6 to 9 prescribe other conditions which must be satisfied by a body if it is to be a qualifying body, in particular: a requirement that the constitution of the body contains a statement or condition that the body is carrying on activities for the benefit of the community (regulation 7); a condition as to the distribution of assets on dissolution or winding up (regulation 8); and a condition that unincorporated bodies must have a written constitution (regulation 9).
A full impact assessment on the effect that sections 149 and 156 of the 2008 Act and this instrument will have on the costs of business and the voluntary sector is available from the Department of Health, Department of Health Publications, PO Box 777, London, SE1 6XH, and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk).

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Source: https://www.legislation.gov.uk/uksi/2009/649/note (the official version)
Page: https://openlegislation.uk/health-and-social-care-financial-assistance-regulations-2009/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.