# The Professional Standards Authority for Health and Social Care (Fees) Regulations 2015, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations provide for fees to be paid by the regulatory bodies mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (“the 2002 Act”), as amended by the Health and Social Care Act 2012 (c. 7). Section 25A of the 2002 Act, inserted by the 2012 Act, provides for the costs of the Professional Standards Authority for Health and Social Care (“the Authority”) (formerly the Council for Healthcare Regulatory Excellence) incurred in respect of its functions in relation to the regulatory bodies to be funded by fees imposed on those regulatory bodies by virtue of regulations under that section. Fees are determined by the Privy Council and paid to the Authority. Section 25A provides for a process of consultation and determination by the Privy Council of the Authority’s costs and for the fees which each regulatory body should be required to pay towards those costs. It also provides that the method for determining the amount of a fee is to be set out in regulations.
Regulation 2 requires each regulatory body to pay to the Authority a fee determined periodically by the Privy Council, and provides for the first chargeable period to commence on 1st August 2015 and end on 31st March 2016 and for subsequent chargeable periods to commence on 1st April and end on the following 31st March. The fee (“a periodic fee”) is to be paid in respect of the chargeable period.
Regulation 3 lists the functions in respect of which a periodic fee is to be paid.
Regulation 4 gives the Privy Council powers to require information from the regulatory bodies for the purpose of assessing the periodic fee payable.
Regulation 5 sets out the formula by which the amount of a periodic fee is to be determined.
Regulation 6 provides for the time for payment of a periodic fee to be set out in a written fee notice sent by the Privy Council, which must not be sooner than 30 clear days after the date of the notice. Provision is also made for the accrual of interest daily on fees not paid by the due date, at the annual rate of 1.5% above the Bank of England base rate.
Regulation 7 provides for the re-determination of periodic fees on the request of the Authority, a regulatory body, or on the Privy Council’s own initiative.
An impact assessment has been prepared in relation to these Regulations and is available from The Professional Standards Team, Department of Health, 2N11, Quarry House, Leeds, LS2 7UE. An electronic copy can be found at http://www.dh.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2015/400/note (the official version)
Page: https://openlegislation.uk/professional-standards-authority-for-health-and-social-care-fees-regulations-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

