The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012

Amendments to Schedule 2

9.—(1) Schedule 2 (regulated activities: general exceptions) is amended as follows.

(2) For paragraph 4 substitute—

“4.— (1) Subject to paragraph 5, and except where paragraph 3 applies(1), the provision of treatment in a surgery or consulting room by a medical practitioner who is (or group of medical practitioners who are)—

(a) a service provider in respect of a regulated activity specified in paragraph 5 of Schedule 1 (treatment of disease, disorder or injury) or employed by such a service provider; and

(b) either on the medical performers list for a designated body or employed by a service provider that is a designated body.

(2) In this paragraph, “designated body” means a body prescribed by regulation 4 of the Medical Profession (Responsible Officers) Regulations 2010(2).”.

(3) In paragraph 5—

(a) in sub-paragraph (a), after “anaesthesia” insert “(other than local anaesthesia for the purposes of a procedure mentioned in paragraph 7(2) of Schedule 1)”;

(b) omit sub-paragraph (b);

(c) for sub-paragraph (c) substitute “medical services provided in connection with childbirth;”;

(d) for sub-paragraph (g) substitute—

“(g) endoscopy other than using a device which does not have a lumen or other channel for the purpose or design of passing fluid or instruments through, or removing body tissue or fluid or any other item from, a person’s body; ”; and

(e) after sub-paragraph (h), insert—

“(i) intravenous, intrathecal or epidural administration of medicines or diagnostic agents;

(j) the therapeutic or diagnostic use of x-rays, radiation, protons or magnetic resonance imaging; or

(k) invasive cardiac physiology tests.”.

(4) In paragraph 8—

(a) after “Medical” insert “or dental”;

(b) after “otherwise than” insert “in conjunction with the provision of accommodation”.

(5) In paragraph 10, after “medical”, insert “or dental”.

(6) After paragraph 17, insert—

“Exemption for the Olympics and Paralympics

18.— (1) Any activity which is carried on under temporary arrangements in relation to those persons taking part in, or attending, a London Olympic event during the London Olympics period.

(2) In this paragraph, “London Olympic event” and “London Olympics period” have the meanings given by section 1 (interpretation of principal terms) of the London Olympic Games and Paralympic Games Act 2006(3).”.

(1)

Paragraph 3 of Schedule 2 of S.I. 2010/781 ceases to have effect on 1st April 2012 in relation to all activities carried on by providers of out of hours services and on 1st April 2013 for all other purposes: see Regulation 3(8) of S.I. 2010/781 as inserted by Regulation 2(3) of S.I. 2011/2711.

(2)

S.I. 2010/2841.

(3)

2006 c.12.