Explanatory note

These Regulations make provision in relation to the licensing of providers of health care services for the purposes of the NHS under Chapter 3 of Part 3 of the Health and Social Care Act 2012 (“the Act”) (Monitor: licensing).

Regulation 2 contains provision in relation to the persons to be regarded as the person who provides a health care service for the purposes of the licensing regime established by Chapter 3 of Part 3 of the Act.

Regulations 3 to 9 make provision in relation to the grant of exemptions from the requirement under section 81(1) of the Act for providers of health care services for the purposes of the NHS to hold a licence to provide such services. None of the exemptions granted are to apply to an NHS foundation trust (regulation 3).

Regulation 4 exempts NHS trusts from the requirement to hold a licence. Regulation 5 exempts from such requirement providers of medical services under Part 4 of the National Health Service Act 2006 and providers of dental services under Part 5 of that Act.

Regulation 6 provides an exemption for providers of NHS Continuing Healthcare or NHS funded nursing care. This exemption is time limited and will cease to apply after 31st March 2015.

Exemptions are also provided for: (a) persons who do not carry out an activity which requires them to be registered with the Care Quality Commission under Part 1 of the Health and Social Care Act 2008 (regulation 7); and (b) persons whose applicable turnover for the last business year is less than £10 million (regulation 8). “Applicable turnover” is defined in regulation 1(2) and (3) of the Regulations. Provision is also made for withdrawal of these exemptions where the criteria for the exemptions are no longer met.

Regulation 9 makes provision for the exemptions granted by regulations 5 to 8 to be subject to conditions and for the withdrawal of those exemptions where one or more of these conditions are no longer met.

A full impact assessment of the costs and benefits of this instrument is available from the Department of Health, Richmond House, 79 Whitehall, London SW1A 2NS (www.gov.uk/government/organisations/department-of-health) and is published alongside this instrument and its Explanatory Memorandum at www.legislation.gov.uk.