New regulations come into force on 1 April 2015 to amend the current set of regulations made under the Health and Social Care Act 2008 for regulating those involved in, or connected to, providing health and social care.

On 1 April 2015, all the current regulations of The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 come into force and new regulations amend a number of them. Broadly, the new regulations extend the more exacting requirements of the current regulations beyond NHS bodies and health authorities, to those providers of all health and social care. Five key changes to the current regulations achieve this outcome.

Firstly, a 'competence' requirement is included for those with responsibility for the provision of health or social care, to bolster the current requirements for relevant qualifications, skill and experience. Secondly, when assessing the 'good character' of such people, assessors will also have to take into account criminal convictions and the removal from related professional registers. Previously these two features applied more narrowly to those responsible for directing NHS bodies and health authorities.

The 'fit and proper persons' test, which also currently only applies to NHS and health authority directors (and their equivalents), will also apply more broadly to providers of health and social care – other than individuals and partnerships. This will affect directors (and those who have similar or equivalent roles) who have:

  • had bankruptcy-related issues;
  • featured on registers relating to the safeguarding of vulnerable people; or
  • been barred from undertaking their role.

Health and social care employees will also be subject to a fit and proper persons test when current regulation 19 comes into force on 1 April 2015.

Similarly, the new regulations will extend the duty of candour beyond NHS bodies and health authorities to all involved in, or connected to, providing health and social care. The duty of candour is triggered when a notifiable safety incident occurs and the new regulations insert examples of these type of incidents to add clarity.

Also introduced into the regulations is a new section, 20A. These provisions will require providers of health and social care to display their Care Quality Commission rating at their premises and on their websites. The websites must also display the website address of the Care Quality Commission and the web page where the public may access the relevant rating assessment. Non-compliance with regulation 20A will be an offence.

The Care Quality Commission has consulted on and published new guidance that will supplement the new regulations. It also intends to publish more detailed guidance in early March on: the fit and proper persons test, the duty of candour and the section 20A display requirement.

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