5.—(1) Subject to sub-paragraph (2), the provision of treatment for a disease, disorder or injury by or under the supervision of—
(a)a health care professional, or a multi-disciplinary team which includes a health care professional; or
(b)a social worker, or a multi-disciplinary team which includes a social worker, where the treatment is for a mental disorder.
(2) The activities set out in sub-paragraph (3) are excepted from sub-paragraph (1).
(3) The activities referred to sub-paragraph (2) are—
(a)assessment or medical treatment for persons detained under the 1983 Act;
(b)the provision of treatment by means of surgical procedures;
(c)diagnostic and screening procedures;
(d)services in slimming clinics;
(e)the practice of alternative and complementary medicine, with the exception of the practice of osteopathy or chiropractic;
(f)the provision of treatment in a sports ground or gymnasium (including associated premises) where it is provided for the sole benefit of persons taking part in, or attending, sporting activities and events;
(g)the provision of treatment (not being first aid for the purposes of paragraph 14 of Schedule 2) under temporary arrangements to deliver health care to those taking part in, or attending, sporting or cultural events;
(h)the provision of hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) to a person who is in a sealed chamber which is gradually pressurised with compressed air, where the primary use of that chamber is—
(i)pursuant to regulation 6(3)(b) of the Diving at Work Regulations 1997(1) or regulation 8 or 12 of the Work in Compressed Air Regulations 1996(2), or
(ii)otherwise for the treatment of workers in connection with the work which they perform; and
(i)the carrying on of any of the activities authorised by a licence granted by the Human Fertilisation and Embryology Authority under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 1990(3).
(4) In this paragraph—
(a)“health care professional” means a person who is—
(i)a medical practitioner,
(ii)a dental practitioner,
(iii)a dental hygienist,
(iv)a dental therapist,
(v)a dental nurse,
(vi)a dental technician,
(vii)an orthodontic therapist,
(viii)a nurse,
(ix)a midwife,
(x)a biomedical scientist,
(xi)a clinical scientist,
(xii)an operating department practitioner,
(xiii)a paramedic, or
(xiv)a radiographer;
(b)“biomedical scientist”, “clinical scientist”, “operating department practitioner”, “paramedic” and “radiographer” mean persons registered as such with the Health Professions Council pursuant to article 5 of the 2001 Order(4);
(c)“dental practitioner” means a dentist registered as such with the General Dental Council pursuant to section 14 of the Dentists Act 1984(5);
(d)“dental hygienist”, “dental therapist”, “dental nurse”, “dental technician” and “orthodontic therapist” mean persons registered as such with the General Dental Council in the dental care professionals register(6);
(e)“mental disorder” means any disorder or disability of the mind, including dependence on alcohol or drugs;
(f)“midwife” means a registered midwife;
(g)“social worker” means a person who is registered as such with the General Social Care Council pursuant to section 56(1)(a) of the Care Standards Act 2000(7).
1990 c. 37. Paragraph 1 of Schedule 2 was amended by the Human Fertilisation and Embryology Act 2008 (c. 22), Schedule 2, paragraph 2 and Schedule 8, Part I and by S.I. 2007/1522.
“Relevant professions” are set out in Schedule 3, paragraph 1 of the 2001 Order. See S.I. 2004/2033, articles 3(4)(c) and 10(5)(b)(ii) and S.I. 2007/3101, Part 21, for relevant amendments.
Section 14 of the Dentists Act 1984 (c.24) (“the 1984 Act”) was substituted by the Dentists Act 1984 (Amendment) Order 2005 (S.I. 2005/2011) (“the 2005 Order”), article 2(6) and amended by S.I. 2007/3101, regulation 111.
The dental care professionals register was established by section 36B of the 1984 Act as inserted by article 29 of the 2005 Order and amended by S.I. 2001/3101, regulation 122.
2000 c.14. See also S.I. 2007/3101, regulations 230 and 232(a) for relevant amendments.