OpenLegislation

The Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010

S.I. 2010/1881 · Made 21 July 2010 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 September 2024.

National Health Service, England

Made 21st July 2010

Laid before Parliament 26th July 2010

Coming into force 1st October 2010

The Secretary of State for Health makes the following Order in exercise of the powers conferred by sections 167 and 161(3) and (4) of the Health and Social Care Act 2008f1.

Annotations to the whole text

Footnotes

f1

2008 c.14.

Contents

  1. 1Citation, commencement and extent
  2. 2Consequential amendments
  3. 3Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 Repealed
  4. 4Medicines (Pharmacy and General Sale – Exemption) Order 1980 Repealed
  5. 5Income Support (General) Regulations 1987
  6. 6Social Fund Cold Weather Payments (General) Regulations 1988 Repealed
  7. 7Child Support (Maintenance Assessments and Special Cases) Regulations 1992 Repealed
  8. 8Jobseeker’s Allowance Regulations 1996
  9. 9Prescription Only Medicines (Human Use) Order 1997 Repealed
  10. 10Social Fund Winter Fuel Payment Regulations 2000 Repealed
  11. 11Child Support (Maintenance Calculations and Special Cases) Regulations 2000 Repealed
  12. 12State Pension Credit Regulations 2002
  13. 13The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 Repealed
  14. 14Residential Family Centres Regulations 2002
  15. 15Communications (Television Licensing) Regulations 2004
  16. 16Blood Safety and Quality Regulations 2005
  17. 17Children Act 2004 (Children’s Services) Regulations 2005
  18. 18National Health Service (General Dental Services Contracts) Regulations 2005
  19. 19National Health Service (Personal Dental Services Agreements) Regulations 2005
  20. 20Housing Benefit Regulations 2006
  21. 21Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
  22. 22Council Tax Benefit Regulations 2006 Repealed
  23. 23Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 Repealed
  24. 24Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007
  25. 25Employment and Support Allowance Regulations 2008
  26. Signature
  27. Explanatory note

1Citation, commencement and extentI1

(1)

This Order may be cited as the Health and Social Care Act 2008 (Miscellaneous Consequential Amendments) Order 2010 and comes into force on 1st October 2010.

(2)

The amendment of any provision by this Order has the same extent as the provision being amended.

2Consequential amendmentsI1

The legislation listed in articles 3 to 25 is amended as provided for in those articles.

3Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Medicines (Pharmacy and General Sale – Exemption) Order 1980F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Income Support (General) Regulations 1987I1

In regulation 2(1) of the Income Support (General) Regulations 1987 (interpretation)f1, for the definition of “independent hospital” substitute—

  • ““independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

    3. (c)

      in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”.

6Social Fund Cold Weather Payments (General) Regulations 1988F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Child Support (Maintenance Assessments and Special Cases) Regulations 1992F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Jobseeker’s Allowance Regulations 1996I1

In regulation 1 of the Jobseeker’s Allowance Regulations 1996 (citation, commencement and interpretation)f1, for the definition of “independent hospital” in paragraph (3) substitute—

  • ““independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

    3. (c)

      in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”.

9Prescription Only Medicines (Human Use) Order 1997F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10Social Fund Winter Fuel Payment Regulations 2000F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Child Support (Maintenance Calculations and Special Cases) Regulations 2000F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12State Pension Credit Regulations 2002I1

In regulation 1 of the State Pension Credit Regulations 2002 (citation, commencement and interpretation)f1, for the definition of “independent hospital” in paragraph (2), substitute—

  • ““independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

    3. (c)

      in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”.

13The National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Residential Family Centres Regulations 2002I1

In regulation 3 of the Residential Family Centres Regulations 2002 (excepted establishments)f1 for paragraph (a) substitute—

“(a)

it is a hospital within the meaning of section 275 of the National Health Service Act 2006 or a care home;”.

15Communications (Television Licensing) Regulations 2004I1

In paragraph 5 of Part 2 of Schedule 4 to the Communications (Television Licensing) Regulations 2004 (Accommodation for Residential Care Licences)f1—

(a)

for sub-paragraph (1)(c), substitute the following—

“(c)

an establishment—

(i)

in England, that is carried on or managed by a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the provision of residential accommodation, together with nursing or personal care, in the establishment, and

(ii)

in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as a care home within the meaning of section 3 of that Act, or who would be so registered but for regulation 3(1)(a) or (d) of the Care Homes (Wales) Regulations 2002;”;

(b)

for sub-paragraph (2)(a), substitute the following—

“(a)

any establishment—

(i)

in England, that is a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and

(ii)

in Wales, that is carried on or managed by a person who is registered under Part 2 of the Care Standards Act 2000 to carry on or manage the establishment as an independent hospital within the meaning of section 2 of that Act; or”; and

(c)

in paragraph (3), for the definition of “health service hospital”, substitute the following—

  • ““health service hospital” has the same meaning—

    1. (a)

      in England, as in section 275 of the National Health Service Act 2006; and

    2. (b)

      in Wales, as in section 206 of the National Health Service (Wales) Act 2006;”.

16Blood Safety and Quality Regulations 2005I1

In regulation 1(3) of the Blood Safety and Quality Regulations 2005 (citation, commencement and interpretation)f1—

(a)

for the definition of “independent clinic”, substitute the following—

  • ““independent clinic”—

    1. (a)

      in Wales, has the same meaning as in section 2 of the Care Standards Act 2000;

    2. (b)

      in Scotland, has the same meaning as in section 2 of the Regulation of Care (Scotland) Act 2001;

    3. (c)

      in Northern Ireland, has the same meaning as in article 2 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003; and

    4. (d)

      in England, means an establishment of the following kind—

      1. (i)

        a walk-in centre, in which one or more medical practitioners provide services of a kind which, if provided in pursuance of the National Health Service Act 2006, would be provided as primary medical services under Part 4 of that Act; or

      2. (ii)

        a surgery or consulting room in which a medical practitioner who provides no services in pursuance of the National Health Service Act 2006 provides medical services of any kind (including psychiatric treatment), except where such medical services are provided only under arrangements made on behalf of the patients by—

        1. (aa)

          their employer;

        2. (bb)

          a government department or any executive agency of a government department;

        3. (cc)

          a prison or other establishment in which patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983; or

        4. (dd)

          an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity

        and where two or more medical practitioners use different parts of the same premises as a surgery or consulting room, or use the same surgery or consulting room at different times, each of the medical practitioners shall be regarded as carrying on a separate independent clinic unless they are in practice together.”;

(b)

in the definition of “independent hospital”, for paragraph (a) of the definition, substitute—

“(za)

in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section,

(a)

in Wales, has the same meaning as in section 2 of the Care Standards Act 2000,”; and

(c)

for the definition of “registered person”, substitute the following—

  • ““registered person” means—

    1. (a)

      in England, the person registered as manager under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of regulated activities (within the meaning of that Part) carried on in an independent hospital, a care home or an independent clinic; and

    2. (b)

      in Wales, Scotland or Northern Ireland, the person registered as the manager of an independent hospital, a care home or an independent clinic following an application to be registered as such pursuant to—

      1. (i)

        section 12(3) of the Care Standards Act 2000,

      2. (ii)

        section 7(1) of the Regulation of Care (Scotland) Act 2001, or

      3. (iii)

        article 13(1) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003;”.

17Children Act 2004 (Children’s Services) Regulations 2005I1

(1)

Regulation 2 of the Children Act 2004 (Children’s Services) Regulations 2005 (children’s services)f1 is amended as follows.

(2)

For regulation 2(1)(j), substitute the following—

“(j)

in an independent hospital within the meaning of paragraph (3);”.

(3)

Omit sub-paragraph (k) of regulation 2(1).

(4)

For sub-paragraph (l) of regulation 2(1) substitute the following—

“(l)

by an independent medical agency within the meaning of paragraph (4);”.

(5)

After paragraph (2) of regulation 2, insert the following—

“(3)

For the purposes of these Regulations, “independent hospital” means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section.

(4)

For the purposes of these Regulations, “independent medical agency” means an undertaking (not being an independent hospital) which consists of or includes the provision of services by medical practitioners and the term “undertaking” in this definition is to be interpreted in accordance with paragraph (5).

(5)

For the purposes of the definition of “independent medical agency” in paragraph (4), “undertaking” includes any business or profession and—

(a)

in relation to a public or local authority, includes the exercise of any functions of that authority; and

(b)

in relation to any other body of persons, whether corporate or unincorporate, includes any of the activities of that body.”.

18National Health Service (General Dental Services Contracts) Regulations 2005I1

In Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 2005 (other contractual terms)f1, for paragraph 46 (entry and inspection by the Care Quality Commission), substitute the following—

“46.

Subject to paragraph 44(3), the contractor shall allow persons authorised by the Care Quality Commission to enter and inspect the premises in accordance with section 62 of the Health and Social Care Act 2008 (entry and inspection).”.

19National Health Service (Personal Dental Services Agreements) Regulations 2005I1

In Schedule 3 to the National Health Service (Personal Dental Services Agreements) Regulations 2005 (other contractual terms)f1, for paragraph 46 (entry and inspection by the Care Quality Commission), substitute the following—

“46.

Subject to paragraph 44(3), the contractor shall allow persons authorised by the Care Quality Commission to enter and inspect the premises in accordance with section 62 of the Health and Social Care Act 2008 (entry and inspection).”.

20Housing Benefit Regulations 2006I1

In regulation 2 of the Housing Benefit Regulations 2006 (interpretation)f1, for the definition of “independent hospital” in paragraph (1), substitute—

  • ““independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

    3. (c)

      in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”.

21Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006I1

In regulation 2 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 (interpretation)f1, for the definition of “independent hospital” in paragraph (1), substitute—

  • ““independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

    3. (c)

      in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”.

22Council Tax Benefit Regulations 2006F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007I1

In article 3 of the Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007 (prescription of information: “social security information” and “war pensions information”)f1, in the definition of “independent hospital” in paragraph (4) of that article, for paragraph (a) of the definition, substitute—

“(za)

in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

(a)

in relation to Wales, has the meaning given to it by section 2 of the Care Standards Act 2000;”.

25Employment and Support Allowance Regulations 2008I1

In regulation 2 of the Employment and Support Allowance Regulations 2008 (interpretation)f1, for the definition of “independent hospital” in paragraph (1), substitute—

  • ““independent hospital”—

    1. (a)

      in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

    2. (b)

      in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and

    3. (c)

      in Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001;”.

Signature

Signed by authority of the Secretary of State for Health.

Simon Burns

Minister of State,

Department of Health

21st July 2010

Explanatory note

(This note is not part of the Order)

This Order, which is to come into force on 1st October 2010, makes amendments to certain secondary legislation consequential on the replacement, for England, of the system of registration of health and social care providers under Part 2 of the Care Standards Act 2000 with a new registration system under Part 1 of the Health and Social Care Act 2008.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.