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The Private and Voluntary Health Care (England) Regulations 2001

S.I. 2001/3968 · Made 11 December 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

PUBLIC HEALTH, ENGLAND

Made 11th December 2001

Laid before Parliament 12th December 2001

Coming into force 1st April 2002

The Secretary of State, in exercise of powers conferred on him 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), 34(1), 35(1) and 118(5) to (7) of the Care Standards Act 2000f1 and of all other powers enabling him in that behalf, having consulted such persons as he considers appropriatef2, hereby makes the following Regulations:—

Annotations to the whole text

Footnotes

f1

2000 c. 14. The powers are exercisable by the appropriate Minister, who is defined in section 121(1), in relation to England, Scotland and Northern Ireland, as the Secretary of State, and in relation to Wales, as the National Assembly for Wales. “Prescribed” and “regulations” are defined in section 121(1) of the Act.

f2

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

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Prescribed techniques or technology and exceptions to the definition 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 registered 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. 16Care and welfare of patients
  21. 17Review of quality of treatment and other services
  22. 18Staffing
  23. 19Fitness of workers
  24. 20Guidance for health care professionals
  25. 21Records
  26. 22Staff views as to conduct of establishment or agency
  27. 23Complaints
  28. 24Research
  29. Chapter 2: PREMISES
  30. 25Fitness of premises
  31. Chapter 3: MANAGEMENT
  32. 26Visits by registered provider
  33. 27Financial position
  34. Chapter 4: NOTICES TO BE GIVEN TO THE COMMISSION
  35. 28Notification of events
  36. 29Notice of absence
  37. 30Notice of changes
  38. 31Appointment of liquidators etc.
  39. 32Death of registered person
  40. Part IV: ADDITIONAL REQUIREMENTS APPLYING TO INDEPENDENT HOSPITALS
  41. Chapter 1: PATHOLOGY SERVICES, RESUSCITATION AND TREATMENT OF CHILDREN IN INDEPENDENT HOSPITALS
  42. 33Application of regulations 34 to 36
  43. 34Pathology services
  44. 35Resuscitation
  45. 36Treatment of children
  46. Chapter 2: INDEPENDENT HOSPITALS IN WHICH CERTAIN LISTED SERVICES ARE PROVIDED
  47. 37Surgical procedures
  48. 38Dental treatment under general anaesthesia
  49. 39Obstetric services—staffing
  50. 40Obstetric services—further requirements
  51. 41Termination of pregnancies
  52. 42Use of certain techniques or technology
  53. Chapter 3: MENTAL HEALTH HOSPITALS
  54. 43Application of regulations 44 to 47
  55. 44Safety of patients and others
  56. 45Management of disturbed behaviour
  57. 46Visitors
  58. 47Mental health records
  59. Part V: ADDITIONAL REQUIREMENTS APPLYING TO INDEPENDENT CLINICS
  60. 48Independent clinics
  61. Part VI: ADDITIONAL REQUIREMENTS APPLYING TO INDEPENDENT MEDICAL AGENCIES
  62. 49Independent medical agencies
  63. Part VII: MISCELLANEOUS
  64. 50Compliance with regulations
  65. 51Offences
  66. Signature
  67. Schedule 1: INFORMATION TO BE INCLUDED IN THE STATEMENT OF PURPOSE
  68. 1Paragraph 1
  69. 2Paragraph 2
  70. 3Paragraph 3
  71. 4Paragraph 4
  72. 5Paragraph 5
  73. 6Paragraph 6
  74. 7Paragraph 7
  75. 8Paragraph 8
  76. 9Paragraph 9
  77. 10Paragraph 10
  78. Schedule 2: INFORMATION REQUIRED IN RESPECT OF PERSONS SEEKING TO CARRY ON, MANAGE OR WORK AT AN ESTABLISHMENT OR AGENCY
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. Schedule 3
  88. IPERIOD FOR WHICH MEDICAL RECORDS MUST BE RETAINED
  89. Part II: RECORDS TO BE MAINTAINED FOR INSPECTION
  90. 1Paragraph 1
  91. 2Paragraph 2
  92. 3Paragraph 3
  93. 4Paragraph 4
  94. 5Paragraph 5
  95. 6Paragraph 6
  96. 7Paragraph 7
  97. Schedule 4
  98. Part I: DETAILS TO BE RECORDED IN RESPECT OF PATIENTS RECEIVING OBSTETRIC SERVICES
  99. 1Paragraph 1
  100. 2Paragraph 2
  101. 3Paragraph 3
  102. 4Paragraph 4
  103. 5Paragraph 5
  104. Part II: DETAILS TO BE RECORDED IN RESPECT OF A CHILD BORN IN AN INDEPENDENT HOSPITAL
  105. Explanatory note