OpenLegislation

The Independent Health Care (Wales) Regulations 2011

W.S.I. 2011/734 · Made 10 March 2011 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 1 April 2017.

PUBLIC HEALTH, WALES

Made 10 March 2011

Laid before the National Assembly for Wales 14 March 2011

Coming into force 5 April 2011

The Welsh Ministersf1, in exercise of powers conferred on them by sections 2(4), (7)(f) and (8), 22(1),(2)(a) to (d), (f) to (j), (5)(a) and (7)(a) to (h), (j) and (k), 25(1), 33, 34(1), 35 and 118(5) to (7) of the Care Standards Act 2000f2 and having consulted such persons as they considers appropriatef3, hereby make the following Regulations.

Annotations to the whole text

Footnotes

f1

The registration authority in relation to Wales is the National Assembly for Wales (see section 5(1)(b) of the Care Standards Act 2000). These powers are transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

f2

2000 c. 14.

f3

See section 22(9) of the Care Standards Act 2000 for the requirement to consult.

Contents

  1. Part 1: General
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3Meaning of “independent hospital”
  5. 4Meaning of “independent clinic”
  6. 5Exception of undertaking from the definition of independent medical agency
  7. 6Statement of purpose
  8. 7Patients' guide
  9. 8Review of statement of purpose and patients' guide
  10. 9Policies and procedures
  11. Part II: Registered Persons
  12. 10Fitness of registered provider
  13. 11Appointment of manager
  14. 12Fitness of manager
  15. 13Registered person-general requirements
  16. 14Notification of offences
  17. Part III: Conduct of Health Care Establishments and Agencies
  18. Chapter 1: Quality of Service Provision
  19. 15Quality of treatment and other service provision
  20. 16Safeguarding patients from abuse
  21. 17Capacity of patients
  22. 18Privacy, dignity and relationships
  23. 19Assessing and monitoring the quality of service provision including annual returns
  24. 20Staffing
  25. 21Fitness of workers
  26. 22Guidance for health care professionals
  27. 23Records
  28. 24Complaints
  29. 25Research
  30. Chapter 2: Premises
  31. 26Fitness of premises
  32. 27Fitness of premises – learning disability
  33. Chapter 3: Management
  34. 28Visits by registered provider to establishments
  35. 29Financial position
  36. Chapter 4: Notices to be given to the registration authority
  37. 30Notification of death or unauthorised absence of a patient who is detained or liable to be detained under the Mental Health Act 1983
  38. 31Notification of events
  39. 32Notice of absence of registered person
  40. 33Notice of changes
  41. 34Appointment of liquidators etc
  42. 35Death of registered person
  43. Part IV: Additional Requirements applying to Independent Hospitals
  44. Chapter 1: Pathology Services, Resuscitation and Treatment of Children in Independent Hospitals
  45. 36Application of regulations 37 to 39
  46. 37Pathology services
  47. 38Resuscitation
  48. 39Treatment of children
  49. Chapter 2: Independent Hospitals in which Certain Listed Services are Provided
  50. 40Surgical procedures
  51. 41Dental treatment under general anaesthesia
  52. 42Obstetric services staffing
  53. 43Obstetric services further requirements
  54. 44Termination of pregnancies
  55. 45Use of certain techniques or technology
  56. Chapter 3: Mental Health Hospitals
  57. 46Application of regulations 47 to 50
  58. 47Safety of patients and others
  59. 48Visitors
  60. 49Mental health records
  61. Part V: Additional Requirements Applying to Independent Clinics
  62. 50Independent clinics
  63. Part VI: Miscellaneous
  64. 51Compliance with regulations
  65. 52Offences
  66. 53Transitional provisions
  67. 54Revocation and savings
  68. Signature
  69. Schedule 1: Information to be included in the Statement of Purpose
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. 3Paragraph 3
  73. 4Paragraph 4
  74. 5Paragraph 5
  75. 6Paragraph 6
  76. 7Paragraph 7
  77. 8Paragraph 8
  78. 9Paragraph 9
  79. 10Paragraph 10
  80. 11Paragraph 11
  81. 12Paragraph 12
  82. Schedule 2: Information required in respect of persons seeking to carry on, manage or work at an establishment or agency
  83. 1Paragraph 1
  84. 2Paragraph 2
  85. 3Paragraph 3
  86. 4Paragraph 4
  87. 5Paragraph 5
  88. 6Paragraph 6
  89. 7Paragraph 7
  90. 8Paragraph 8
  91. Schedule 3
  92. IPeriod for which Medical Records must be Retained
  93. Part II: Records to be Maintained for Inspection
  94. 1Paragraph 1
  95. 2Paragraph 2
  96. 3Paragraph 3
  97. 4Paragraph 4
  98. 5Paragraph 5
  99. 6Paragraph 6
  100. Schedule 4
  101. Part I: Details to be Recorded in Respect of Patients Receiving Obstetric Services
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. 4Paragraph 4
  106. 5Paragraph 5
  107. Part II: Details to be Recorded in Respect of a Child Born in an Independent Hospital
  108. 6Paragraph 6
  109. 7Paragraph 7
  110. 8Paragraph 8
  111. Explanatory note