# The Private and Voluntary Health Care (England) (Amendment No. 2) Regulations 2006

S.I. 2006/1734 · made 28 June 2006

These Regulations are made under the Care Standards Act 2000 (“the Act”), and apply in relation to England only. Regulation 3 inserts regulation 32B (annual fees) in the Private and Voluntary Health Care (England) Regulations 2001. New regulation 32B prescribes the time for payment of an annual fee by health care establishments and agencies under section 16(3) of the Act.

Made under: Care Standards Act 2000 (Section 16, Section 118)

PDFs: Printed copy https://openlegislation.uk/private-and-voluntary-health-care-england-amendment-no-2-regulations-2006/pdf/uksi_20061734_en.pdf; Explanatory Memorandum https://openlegislation.uk/private-and-voluntary-health-care-england-amendment-no-2-regulations-2006/pdf/uksiem_20061734_en.pdf

## Introductory text

PUBLIC HEALTH, ENGLAND
Made 28th June 2006
Laid before Parliament 5th July 2006
Coming into force 1st August 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(3) and 118(6) of the Care Standards Act 2000.

## 1 Citation, commencement, interpretation and application

(1) These Regulations may be cited as the Private and Voluntary Health Care (England) (Amendment No.2) Regulations 2006 and shall come into force on 1st August 2006.
(2) In these Regulations, “the PVH Regulations” means the Private and Voluntary Health Care (England) Regulations 2001.
(3) These Regulations apply in relation to England only.

## 2 Amendment of the PVH Regulations

In regulation 2 (interpretation) of the PVH Regulations, in paragraph (1), in the appropriate alphabetical position, insert—
““certificate” means a certificate of registration;
“existing provider” means a person who immediately before 1st August 2006 was registered under Part 2 of the Care Standards Act 2000 as carrying on an independent hospital, an independent clinic or an independent medical agency;
“Fees Regulations” means the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004;
“new provider” means a person who carries on an independent hospital, an independent clinic or an independent medical agency and did so for the first time on or after 1st August 2006.”.

## 3 Amendment of the PVH Regulations

After regulation 32A of the PVH Regulations, insert—
“Annual fees
32B The annual fee due under section 16(3) of the Act shall be payable by the registered provider on—
(a) in the case of an existing provider whose annual fee became payable under regulation 5 of the Fees Regulations between 1st April 2006 and 31st July 2006 (including on either of those two dates), 1st August 2006 and thereafter on the anniversary of the date on which the annual fee was payable under regulation 5 of those Regulations;
(b) in the case of any other existing provider, the anniversary of the date on which the annual fee was payable under regulation 5 of the Fees Regulations; and
(c) in the case of a new provider, the date on which the certificate is issued and thereafter on the anniversary of that date.”

## 4 Revocations

The Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004 and the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) (Amendment) Regulations 2005 are revoked.

## Signature

Signed by authority of the Secretary of State for Health
Andrew Burnham
Minister of State,
Department of Health
28th June 2006

## Explanatory note

(This note is not part of the Regulations)
These Regulations are made under the Care Standards Act 2000 (“the Act”), and apply in relation to England only. Regulation 3 inserts regulation 32B (annual fees) in the Private and Voluntary Health Care (England) Regulations 2001. New regulation 32B prescribes the time for payment of an annual fee by health care establishments and agencies under section 16(3) of the Act.
Regulation 4 revokes the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004 and the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) (Amendment) Regulations 2005.
A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies of the Regulatory Impact Assessment can be obtained from the Department of Health’s website www.doh.gov.uk/regulatoryimpact/index.htm In addition, a copy can be obtained from Room 418 Wellington House, 133-135 Waterloo Road, London SE1 8UG.

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Source: https://www.legislation.gov.uk/uksi/2006/1734 (the official version)
Page: https://openlegislation.uk/private-and-voluntary-health-care-england-amendment-no-2-regulations-2006
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.