- Draft legislation
This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The National Health Service (Licence Exemptions, etc. ) Regulations 2013 No. 2677
2.—(1) This regulation applies for the purposes of determining, in relation to a health care service provided by two or more persons acting in different capacities, which of those persons is providing the health care service for the purposes of Chapter 3 of Part 3 of the 2012 Act (Monitor: licensing).
(2) A person (A) is to be regarded as the person providing a health care service where that service is provided by A and one or more other persons who are—
(a)individuals, and
(b)employees of A for the purposes of providing that service.
(3) For the purposes of paragraph (2), a person is an employee of A where that person—
(a)is employed by A under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract, or
(b)has been granted practising privileges by A.
(4) In paragraph (3)(a), the reference to “otherwise than under a contract” includes an agreement between A and a temporary work agency for the supply of an agency worker to A.
(5) Except where paragraph (2) applies, both a person (B) and another person (C) are to be regarded as the person who provides the health care service where—
(a)B has contracted with the National Health Service Commissioning Board(1) or a clinical commissioning group(2) to provide that service, and
(b)C provides that service under arrangements made between B and C.
(6) In this regulation—
“agency worker” and “temporary work agency” have the same meaning as in the Agency Workers Regulations 2010(3); and
“practising privileges” means the grant by A to a registered medical practitioner of permission to practise as a medical practitioner in a hospital (as defined in section 275 of the 2006 Act) managed by A.
The National Health Service Commissioning Board is established by section 1H of the National Health Service Act 2006 (c. 41) (“the 2006 Act”). Section 1H is inserted by section 9(1) of the 2012 Act.
A clinical commissioning group is a body established under section 14D of the 2006 Act. Section 14D is inserted by section 25(1) of the 2012 Act. See also section 1I of the 2006 Act, inserted by section 10 of the 2012 Act.
S.I. 2010/93. Relevant amendments were made by S.I. 2011/1941.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: