The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025

Made: 25th February 2025

Coming into force: 30th March 2025

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8, 20(1) to (5A), 35, 86(2) and (4), 87(1) and (2) and 161(3) and (4) of the Health and Social Care Act 2008[^f00001].

In accordance with section 20(8) of that Act, the Secretary of State has consulted such persons as the Secretary of State considers appropriate.

A draft of these Regulations was laid before Parliament in accordance with section 162(3) of the Health and Social Care Act 2008 and was approved by resolution of each House of Parliament.

Citation and commencement

1

These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2025 and come into force on 30th March 2025.

Extent

2

These Regulations extend to England and Wales.

Amendment of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

3

• (1) The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014[^f00002] are amended as follows.

• (2) In regulation 1 (citation and commencement), omit paragraph (6)[^f00003].

• (3) In regulation 27 (review)—

• (a) in paragraph (1)[^f00004], for “1st April 2020” substitute “the end of each review period”;

• (b) after paragraph (2) insert—

(3) Subject to paragraph (4), in this regulation, “review period” means— (a) the period beginning on 13th July 2023 and ending five years after that date; (b) each subsequent period of five years beginning on the day after the date on which the immediately preceding review period came to an end. (4) Where a report under paragraph (1)(c) is published before the end of the review period referred to in paragraph (3)(a) or (b), as the case may be, the next review period will commence on the day after the date of publication.

Signed

Signed by the authority of the Secretary of State for Health and Social Care.

Merron — Parliamentary Under-Secretary of State — Department of Health and Social Care — 25th February 2025

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (“the 2014 Regulations”).

Regulation 3(2) removes the expiry date, to ensure the 2014 Regulations continue to have effect after 31 March 2025. Regulation 3(3) amends the review clause in the 2014 Regulations so the next review and report is due by 13 July 2028 (which is 5 years after the previous review report of the 2014 Regulations was laid before Parliament on 13 July 2023). It also inserts a requirement for there to be 5 yearly reviews following this date.

A full impact assessment has not been produced by this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2008 c. 14. Section 20 was amended by sections 81 and 95 of the Care Act 2014 (c. 23), section 1 of the Health and Social Care (Safety and Quality) Act 2015 (c. 28) and sections 173 and 181 of the Health and Care Act 2022 (c. 31). Sections 35 and 87(2) were amended by S.I. 2015/664. Section 161(3) was amended by section 294(4) of the Health and Social Care Act 2012 (c. 7). See section 97(1) of the Health and Social Care Act 2008 for the definitions of “prescribed” and “regulations”.

[^f00002]: S.I. 2014/2936, amended by S.I. 2015/64 and S.I. 2022/179; there are other amending instruments but none is relevant.

[^f00003]: Regulation 1(6) was inserted by S.I. 2015/64 and amended by S.I. 2022/179.

[^f00004]: S.I. 2014/2936, amended by S.I. 2015/64.