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Regulation 15: Premises and equipment
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: Regulation 15
The intention of this regulation is to make sure that the premises where care and treatment are delivered are clean, suitable for the intended purpose, maintained and where required, appropriately located, and that the equipment that is used to deliver care and treatment is clean, suitable for the intended purpose, maintained, stored securely and used properly. Providers retain legal responsibility under these regulations when they delegate responsibility through contracts or legal agreements to a third party, independent suppliers, professionals, supply chains or contractors. They must therefore make sure that they meet the regulation, as responsibility for any shortfall rests with the provider.
Where the person using the service owns the equipment needed to deliver their care and treatment, or the provider does not provide it, the provider should make every effort to make sure that it is clean, safe and suitable for use.
CQC cannot prosecute for a breach of this regulation or any of its parts, but we can take regulatory action. See the offences section for more detail.
CQC must refuse registration if providers cannot satisfy us that they can and will continue to comply with this regulation.
Note:
'Premises' and 'equipment' are defined in the regulations. The definitions make sure that the term 'premises' does not apply to the person's own accommodation where accommodation is not provided as part of their care and treatment. In addition, 'equipment' does not include equipment at the person's own accommodation, where it is not provided as part of their care or treatment.
The regulation in full
15.—
- All premises and equipment used by the service provider must be—
- clean,
- secure,
- suitable for the purpose for which they are being used,
- properly used
- properly maintained, and
- appropriately located for the purpose for which they are being used.
- The registered person must, in relation to such premises and equipment, maintain standards of hygiene appropriate for the purposes for which they are being used.
- For the purposes of paragraph (1)(b), (c), (e) and (f), "equipment" does not include equipment at the service user's accommodation if—
- such accommodation is not provided as part of the service user's care or treatment, and
- such equipment is not supplied by the service provider.
Guidance
Component of the regulation |
Providers must have regard to the following guidance |
15(1) All premises and equipment used by the service provider must be— |
|
15(1)(a) clean, |
|
15(1)(b) secure, |
|
15(1)(c) suitable for the purpose for which they are being used, |
|
15(1)(d) properly used, 15(1)(e) properly maintained, and |
|
15(1)(f) appropriately located for the purpose for which they are being used. |
|
15(2) The registered person must, in relation to such premises and equipment, maintain standards of hygiene appropriate for the purposes for which they are being used. |
|
Related legislation
Control of Substances hazardous to Health regulations 2002
The Electricity at Work regulations 1989
The Gas Safety (Installation and Use) regulations 1998
The Hazardous Waste (England and Wales) Regulations 2005
Health and Safety at Work etc. Act 1974
The Health and Safety (First-Aid) Regulations 1981
The Health and Safety (Miscellaneous Amendments) 2002
The Ionising Radiations Regulations 2017
The Ionising Radiation (Medical Exposure) Regulations 2017
Management of Health and Safety at Work Regulations 1999
The Manual Handling Operations Regulations 1992
The Health and Safety (Miscellaneous Amendments) 2002
The Medical Devices Regulations 2002
The Medical Devices (Amendment) Regulations 2012
Mental Capacity Act Code of Practice
Code of Practice (Mental Health Act 1983)
The Regulatory Reform (Fire Safety) Order 2005
The Workplace (Health, Safety and Welfare) Regulations 1992
The Health and Safety (Miscellaneous Amendments) Regulations 2002
Related guidance
Buildings/premises and equipment
For all services
DH health building notes (Department of Health)
Electrical safety and you (Health and Safety Executive)
Electrical safety at work (Health and Safety Executive)
Gas safety toolbox (Health and Safety Executive)
Lighting at work (Health and Safety Executive)
Medical devices regulation and safety
PAT - Portable appliance testing FAQs (Health and Safety Executive)
Pressure systems (Health and Safety Executive)
Provision and use of work equipment regulations (Health and Safety Executive)
Safe premises (Health and Safety Executive)
Health technical memoranda series (Department of Health)
Medical gases pipeline systems - Health technical memorandum 02-01 (Department of Health)
Policies and principles of healthcare engineering (HTM 00) (Department of Health, 2014)
Domestic gas health and safety (Health and Safety Executive)
DSDC Good practice guidelines on lighting (Stirling Dementia Service Development Centre)
Health technical memoranda series (Department of Health)
Medical gases pipeline systems - Health technical memorandum 02-01 (Department of Health)
Policies and principles of healthcare engineering (HTM 00) (Department of Health, 2014)
COSHH
For all services
Control of Substances Hazardous to Health (COSHH) (Health and Safety Executive)
Data protection
For all services
Dignity and respect
For all services
Eliminating mixed sex accommodation - PL/CNO/2009/02 (Chief Nursing Officer's Letter, 17 May 2009)
Equality and human rights
For all services
Fire safety
For all services
Regulatory Reform (Fire Safety) Order 2005 (London Fire Brigade)
General resource
For all services
NHS Constitution for England 2013
Health and safety
For all services
Guidance for health and social care services (Health and Safety Executive)
Health and Safety Executive guidance
Health and safety in care homes (Health and Safety Executive, June 2014)
Leadership (Health and Safety Executive)
Leading health and safety at work (Health and Safety Executive)
Managing for health and safety - HSG65 guidance (Health and Safety Executive)
Managing for health and safety (Health and Safety Executive)
NHS Employers: Workplace health and safety standards
Ventilation (Health and Safety Executive)
Infection control/cleanliness
For all services
Decontamination guidelines (British Society of Gastroenterology)
Health building note 00-09: Infection control in the built environment (Department of Health, 2013)
The revised healthcare cleaning manual (National Patient Safety Agency, 2009)
Wipe it out (Royal College of Nursing)
Prevention and control of healthcare-associated infections: Quality improvement guide
Infection prevention and control in care homes: Information resource (Department Head)
National specifications for cleanliness: care homes (National Patient Safety Agency)
Prevention and control of healthcare-associated infections: Quality improvement guide
Mental capacity
For all services
Mental Capacity Act 2005 Code of Practice
Moving and handling
For all services
Hoisting (Health and Safety Executive)
Moving and handling in health and social care (Health and Safety Executive)
Risk assessment
Bed rail risk management - Sector information minute SIM 07/2012/06 (Health and Safety Executive)
Safe use of bedrails device bulletin (Medicines and Healthcare Products Regualtory Agency)
Bed rail risk management - Sector information minute SIM 07/2012/06 (Health and Safety Executive)
Safe use of bedrails device bulletin (Medicines and Healthcare Products Regualtory Agency)
Risk assessment
For all services
Health and Safety Executive, Sensible risk assessment in care settings
Risk assessment (Health and Safety Executive)
Staffing and recruitment
People management resources (Social Care Institute for Excellence)
- Last updated:
- 19 February 2019