PART 3 E+WRequirements in relation to Regulated Activities

SECTION 2 E+WFundamental Standards

General E+W

8.—(1) A registered person must comply with regulations [F1 9 to 20A] in carrying on a regulated activity.

(2) But paragraph (1) does not require a person to do something to the extent that what is required to be done to comply with regulations [F1 9 to 20A] has already been done by another person who is a registered person in relation to the regulated activity concerned.

(3) For the purposes of determining under regulations [F1 9 to 20A] whether a service user who is 16 or over lacks capacity, sections 2 and 3 of the 2005 Act (people who lack capacity) apply as they apply for the purposes of that Act.

Textual Amendments

F1 Words in reg. 8 substituted (1.4.2015) by The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2015 (S.I. 2015/64), regs. 1, 9