The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2026
These Regulations, made by the Secretary of State, amend the 2014 Health and Social Care Act (Regulated Activities) Regulations by removing two specific exemptions from the definition of 'regulated activities' concerning the temporary treatment of disease, disorder, or injury provided at sporting grounds, gymnasiums, or during cultural events; consequently, such treatments will become subject to regulation by the Care Quality Commission, while an exception for incidental transport services during these events is retained, with amendments coming into force in phases starting September 2026 and fully by December 2027 across England and Wales.
Arguments For
Extending regulation by the Care Quality Commission (CQC) over medical treatment provided at sporting or cultural venues, ensuring a baseline standard of care and patient safety for attendees and participants.
Aligning the scope of regulated activities more closely with public health needs by removing specific exemptions for temporary treatment at sports grounds or gymnasiums.
Clarifying the regulatory boundary by explicitly retaining exceptions only for transport services incidental to these events, distinguishing transport from direct medical treatment.
Arguments Against
Potential administrative burden and increased regulatory compliance costs imposed on organizers of sporting and cultural events who previously relied on the exemptions for on-site first aid or temporary treatment.
Risk of over-regulation for minor, spontaneous first aid interventions traditionally managed by amateur first-aiders at community or grassroots sporting and cultural gatherings.
Implementation challenges related to the phased commencement dates (September 2026 vs. December 2027), requiring providers to track transitional arrangements for applications and appeals related to these changes.
STATUTORY INSTRUMENTS
2026 No. 495
PUBLIC HEALTH, ENGLAND
The Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2026
This establishes the legal identity of the instrument as a Statutory Instrument from 2026, numbered 495, issued under the authority of Public Health regulations pertaining to England.
Made - - - 29th April 2026 Coming into force in accordance with regulation 1(2) and (3)
The regulations were officially made on April 29, 2026, and the commencement dates for different provisions are detailed within the text of Regulation 1.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 8(1), 161(3)(b)(ii) and (4) of the Health and Social Care Act 2008( 1 ).
The relevant Secretary of State created these rules using specific powers granted under sections 8(1), 161(3)(b)(ii), and 161(4) of the primary Health and Social Care Act 2008.
A draft of these Regulations was laid before Parliament in accordance with section 162(3) of that Act and was approved by resolution of each House of Parliament.
Before enactment, a draft version of these amendments was presented to both the House of Commons and the House of Lords for review, and both Houses formally approved the draft.
Citation, interpretation, commencement and extent
- -(1) These Regulations may be cited as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2026.
Regulation 1 establishes the official short title by which these amendments are known, citing them as the Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2026.
- (2) This regulation comes into force on the day after the day on which these Regulations are made.
This specific Regulation 1, which covers citation and administrative details, became legally active the day immediately following its official making date (April 29, 2026).
- (3) Regulation 2 comes into force-
- (a) on 7th September 2026 for the purpose of exercising a function under Part 1 of the Health and Social Care Act 2008 with a view to-
- (i) making, granting, refusing or rejecting a relevant application, or
- (ii) conducting, considering, or disposing of an appeal against a decision made in respect of a relevant application;
- (b) on 6th December 2027 for remaining purposes.
Regulation 2, which contains the substantive amendments, has a phased commencement.
It takes effect on September 7, 2026, specifically to process initial applications (for registration or condition variation) or appeals related to those applications.
It comes into full force for all other purposes later, on December 6, 2027.
- (4) In paragraph (3), 'relevant application' means an application for-
- (a) registration under section 11 (applications for registration as a service provider) or 14 (applications for registration as a manager) of the Health and Social Care Act 2008, or
- (b) variation or removal of a condition for the time being in force in relation to an existing registration under section 19(1) (applications by registered persons).
Paragraph (3) defines a 'relevant application' for the purpose of the 2026 commencement date.
This term includes applications for new registration as a service provider or manager, or applications seeking to change or remove existing registration conditions.
- (5) These Regulations extend to England and Wales.
The legal reach of these amending regulations applies to both England and Wales.
( 1 ) 2008 c. 14.
This footnote cites the primary legislation, the Health and Social Care Act 2008, referenced by its year (2008) and chapter number (c. 14).
Amendment of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
- -(1) Schedule 1 (regulated activities) to the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014( 2 ) is amended as follows.
Regulation 2 introduces the substantive changes by directing amendments to Schedule 1 of the existing 2014 Regulations, which lists activities deemed 'regulated activities' under the Act.
(2) In paragraph 4 (treatment of disease, disorder or injury), in sub-paragraph (3), omit paragraphs (f) and (g).
This change removes two specific exemptions, identified as paragraphs (f) and (g) within sub-paragraph (3) of Paragraph 4 (which covers treatment of disease, disorder, or injury).
This action brings the previously exempt activities under full CQC regulation.
(3) In paragraph 9 (transport services, triage and medical advice provided remotely), for subparagraph (3) substitute-
'(3) Transport services are excepted from sub-paragraph (1) if they are provided within the confines of a site or venue being used for-
- (a) a sporting activity or event, or
- (b) a cultural event.'.
This section updates Paragraph 9, which deals with remote services.
It substitutes the existing text for sub-paragraph (3) to specify that transport services provided within a location hosting a sporting or cultural event remain exempt from being classified as a regulated activity.
Signed by authority of the Secretary of State for Health and Social Care
29th April 2026
Zubir Ahmed Parliamentary Under-Secretary of State Department of Health and Social Care
This section provides the official signature block, confirming that Zubir Ahmed, as Parliamentary Under-Secretary of State for Health and Social Care, signed the instrument on April 29, 2026, acting on behalf of the Secretary of State.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 ('the 2014 Regulations').
The Explanatory Note confirms its non-statutory status and clarifies that its purpose is to detail the amendments made to the standing Health and Social Care Act 2008 (Regulated Activities) Regulations from 2014.
Regulation 2(2) omits two exceptions from the matters listed as 'regulated activities' by the 2014 Regulations. The first exception relates to the temporary treatment of disease or injury provided in a sports ground or gymnasium (including associated premises) for the sole benefit of those attending or participating in sporting activities and events. The second relates to such treatment when provided to those attending or participating in sporting or cultural events. The effect is that these matters will in future be listed as regulated activities and will accordingly be subject to regulation by the Care Quality Commission.
Regulation 2(2) removes two previous exemptions concerning medical treatment provided temporarily at sports grounds, gymnasiums, or during sporting/cultural events.
Removing these exceptions means that Care Quality Commission (CQC) registration and oversight will now apply to these medical services.
Regulation 2(3) retains a related exception from classification as a regulated activity (as contained in paragraph 9 of Schedule 1 to the 2014 Regulations) in respect of transport services provided during these activities and events.
In contrast to the medical treatment changes, Regulation 2(3) specifically preserves the exemption for transport services—such as ambulances or patient transport—when those services operate within the venue area during sporting or cultural activities.
Regulation 1(3) brings these amendments into force on 7th September 2026 for the purposes specified in sub-paragraph (a) of that regulation and for all remaining purposes on 6th December 2027.
Regulation 1(3) schedules the implementation dates: the regulatory amendments take effect partially on September 7, 2026, for administrative functions like processing new applications, and fully on December 6, 2027, for all other aspects.
A full impact assessment has not been produced by this instrument as no significant impact on the private, voluntary or public sector is foreseen.
The issuing department determined that a full assessment of the economic and social impact was unnecessary because they do not anticipate that these regulatory changes will cause major disruption to private, voluntary, or public sector bodies.
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