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21.—(1) A regulated activity provider falls within this Article if—
(a)he permits a person (E) to engage in regulated activity,
(b)immediately before the permission takes effect E is engaged in relevant HSS employment,
(c)for the duration of the permission E continues to be engaged in that relevant HSS employment, and
(d)the regulated activity is also relevant HSS employment.
(2) Relevant HSS employment is employment—
(a)with an HSS body; or
(b)with a person who provides health care for an HSS body (wherever the health care is provided),
in which the employee engages in regulated activity.
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