What are they?

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 were made on November 6 2014 and published on November 11 2014. They introduce:

  1. new ‘fundamental standards’ applicable to the care provided by registered providers;
  2. a statutory duty of candour; and
  3. a fit and proper persons requirement for directors and equivalents (FPPR).

When will they come into force?

Published on November 11 2014, the duty of candour and the FPPR elements of the Regulations will come into force for NHS bodies on November 27 2014. The fundamental standards element of the Regulations is expected to come into force from April 2015.

Who will they affect?

From November 27 2014, the statutory duty of candour and FPPR will apply to all NHS trusts, foundation trusts and some special health authorities who carry on regulated activities and are regulated by the CQC.

The duty of candour and FPPR will be extended to all other CQC-registered providers from April 2015.

Next steps

The regulations can be found here.

It is understood that the CQC will shortly be issuing guidance on steps providers can take to meet the duty of candour and the FPPR.