# The National Health Service (Licence Exemptions, etc.) Amendment Regulations 2015

S.I. 2015/190 · made 10 February 2015

These Regulations amend the National Health Service (Licence Exemptions, etc.) Regulations 2013 (“the 2013 Regulations”).

Made under: Health and Social Care Act 2012 (Section 83, Section 150, Section 304)

PDFs: Printed copy https://openlegislation.uk/national-health-service-licence-exemptions-etc-amendment-regulations-2015/pdf/uksi_20150190_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/national-health-service-licence-exemptions-etc-amendment-regulations-2015/pdf/uksiem_20150190_en.pdf

## Introductory text

National Health Service, England
Made 10th February 2015
Laid before Parliament 12th February 2015
Coming into force 1st April 2015
The Secretary of State for Health makes the following Regulations in exercise of the powers conferred by sections 83(1) to (3), 150(1), 304(9) and (10) of the Health and Social Care Act 2012.
In accordance with section 83(4) to (7) of that Act, the Secretary of State has given notice to Monitor, the National Health Service Commissioning Board, and the Care Quality Commission and its Healthwatch England committee and published that notice.

## 1 Citation and commencement

These Regulations may be cited as the National Health Service (Licence Exemptions, etc.) Amendment Regulations 2015 and come into force on 1st April 2015.

## 2 Amendment of the National Health Service (Licence Exemptions, etc.) Regulations 2013

(1) The National Health Service (Licence Exemptions, etc.) Regulations 2013 are amended as follows.
(2) In regulation 1 (citation, commencement and interpretation), in paragraph (2), for the definition of “applicable turnover” substitute —
““applicable turnover” means the amounts, calculated in conformity with accounting practices and principles that are generally accepted in England, which are derived by a person from the provision of health care services for the purposes of the NHS, after deduction of any of the following—
(a) trade discounts, value added tax and other taxes based on such amounts, and
(b) turnover from providing medical services under Part 4 of the 2006 Act, dental services under Part 5 of that Act, NHS Continuing Healthcare and NHS funded nursing care;”.
(3) In regulation 6 (exemption from the requirement to hold a licence: NHS Continuing Healthcare and NHS funded nursing care), omit paragraph (2).

## Signature

Signed by authority of the Secretary of State for Health.
Earl Howe
Parliamentary Under-Secretary of State,
Department of Health
10th February 2015

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the National Health Service (Licence Exemptions, etc.) Regulations 2013 (“the 2013 Regulations”).
Regulation 2(2) amends the definition of “applicable turnover” to provide that the turnover from providing NHS Continuing Healthcare or NHS funded nursing care remains excluded from the calculation of applicable turnover. Regulation 2(3) amends regulation 6 of the 2013 Regulations to remove the reference to March 2015, this means that persons that only provide NHS Continuing Healthcare and NHS funded nursing care will continue to be exempt from the requirement to hold a licence, unless regulation 9 of the 2013 Regulations applies. (Regulation 9 of those Regulations makes provision for the exemptions provided for in regulation 5, 6, 7 or 8 to be subject to conditions and for the withdrawal of the exemptions where one or more of the conditions are no longer met).
A full regulatory impact assessment has not been produced for this instrument as it has no significant effect on business, charities, voluntary bodies or the public sector.

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Source: https://www.legislation.gov.uk/uksi/2015/190 (the official version)
Page: https://openlegislation.uk/national-health-service-licence-exemptions-etc-amendment-regulations-2015
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.