Statutory Instruments
2023 No. 1404
NATIONAL HEALTH SERVICE, ENGLAND
SOCIAL CARE, ENGLAND
PUBLIC HEALTH, ENGLAND
The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023
Made
18th December 2023
Laid before Parliament
19th December 2023
Coming into force
15th January 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 20(1) to (3) and 161(3) and (4) of the Health and Social Care Act 2008( 1 ).
In accordance with section 20(8) of that Act, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.
Citation and commencement
1. —(1) These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) (No. 2) Regulations 2023 and come into force on 15th January 2024.
(2) These Regulations extend to England and Wales.
Amendment of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
2. —(1) The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014( 2 ) are amended as follows.
(2) In regulation 19 (fit and proper persons employed)—
(a) in paragraph (3), at the beginning, for “The” substitute “Subject to paragraph (3A), the” ;
(b) after paragraph (3), insert—
“ (3A) Unless regulation 4, 6 or 7 applies, where the person so employed is a volunteer, paragraph (3) does not require the information specified in paragraph 7 of Schedule 3 to be made available. ” ; and
(c) after paragraph (6) insert—
“ (7) For the purposes of this regulation, a “volunteer” is a person employed under arrangements to provide their services voluntarily as referred to in regulation 2(2)(c). ” .
Signed by the authority of the Secretary of State for Health and Social Care
Helen Whately
Minister of State
Department of Health and Social Care
18th December 2023
2008 c. 14 ; section 20(1) and the opening words of section 20(2) were substituted by section 1(2) of the Health and Social Care (Safety and Quality) Act 2015 (c. 28) and section 20(3) was amended by section 173 of the Health and Care Act 2022 (c. 31) . Section 161(3) was amended by section 294(4) of the Health and Social Care Act 2012 (c. 7) .
S.I. 2014/2936 ; relevant amending instruments are S.I. 2015/64 , 2022/179 .