b

which has, or may have, resulted from the carrying on of a regulated activity.

2

Subject to paragraph (4), where the service provider is a health service body or a provider of primary medical services, the registered person must notify the Commission without delay of the death of a service user where the death—

a

either—

i

occurred whilst services were being provided in the carrying on of a regulated activity,

ii

has, or may have, resulted from the provision of services by a health service body in the course of carrying on a regulated activity, or

iii

has, or may have, resulted from the provision of primary medical services in the course of carrying on a regulated activity and those services were provided within the period of two weeks prior to the death of the service user; and

b

cannot, in the reasonable opinion of the registered person, be attributed to the course which that service user’s illness or medical condition would naturally have taken if that service user was receiving appropriate care and treatment.

6

In paragraph (2), “provider of primary medical services” means a person who provides primary medical services pursuant to one of the following sections of the National Health Service Act 20063—

a

section 3 (Secretary of State’s duty as to provision of certain services),

b

section 83(2)(b) (primary medical services),

c

section 84 (general medical services contracts),

d

section 92 (arrangements for the provision of primary medical services),

and provision of primary medical services shall be construed accordingly4.