Part IS Organisation

Modifications etc. (not altering text)

[F1Meaning of “ independent health care services ” S

Textual Amendments

F1S. 10A-10Z19 and cross-headings inserted (1.8.2010 for the insertion of s. 10A for specified purposes, 1.10.2010 for specified purposes, 1.4.2011 for specified purposes, 1.4.2016 for specified purposes with the exception of the insertion of s. 10Z9(1)(a), 1.4.2017 for specified purposes) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 108, 134(7); S.S.I. 2010/221, art. 3(2)(3), sch.; S.S.I. 2010/321, art. 3, sch.; S.S.I. 2011/122, art. 2, sch.; S.S.I. 2016/22, art. 2(1)(2), sch. 1, sch. 2

10FMeaning of “independent health care services”S

(1)In this Act, an “independent health care service” is any of the following—

(a)an independent hospital;

(b)a private psychiatric hospital;

(c)an independent clinic;

(d)an independent medical agency;

(e)an independent ambulance service.

(2)In subsection (1)—

[F3(2A)A clinic does not fall within the definition of “independent clinic” in subsection (2) if it—

(a)is comprised in a post-16 education body;

(b)is comprised in a school;

[F4(ba)is provided by the Agency, a Health Board or a Special Health Board;]

(c)is provided by an employer and services are provided only to the employees of that employer;

(d)provides general dental services in accordance with an agreement pursuant to section 25 of this Act;

(e)provides primary medical services in accordance with an agreement pursuant to section 17C of this Act;

(f)provides services under a general medical services contract pursuant to section 17J of this Act; or

(g)only provides one or both of the following services—

(i)first aid in situations requiring medical treatment or medical care;

(ii)therapy effected only through the provider of the therapy and the recipient communicating through speech.

(2B)In the definition of “independent clinic” in subsection (2), “dental care professional” means a person registered in the dental care professionals register under the Dentists Act 1984.

(2C)In subsection (2A)—

  • “post-16 education body” has the same meaning as in section 35(1) of the Further and Higher Education (Scotland) Act 2005; and

  • “school” has the same meaning as in section 135(1) of the Education (Scotland) Act 1980.]

(3)In paragraph (a) of the definition of “independent ambulance service” in subsection (2)—

  • “relevant patient” is a patient—

    (a)

    whose condition or recovery would or might be impaired were the treatment or care mentioned in that paragraph not to be provided;

    (b)

    whose condition affects the patient's mobility to such an extent that, were such treatment or care not to be provided while the patient is being transported as mentioned in that paragraph, the patient's condition or recovery would or might be impaired;

    (c)

    whose mobility is such that, without such treatment or care, it would be difficult or impossible for the patient to be transported as mentioned in that paragraph;

  • “ place of medical treatment ” means a hospital or other premises used or intended to be used for the provision of medical or dental treatment, and includes an independent health care service mentioned in paragraphs (a) to (d) of subsection (1).

(4)In paragraph (b) of the definition of “independent ambulance service” in subsection (2)—

  • “ public event ” means an event, function or other organised activity of any kind to which members of the public have access;

  • “ medical treatment ” includes medical care and medical advice;

  • “ relevant premises ” means premises used or intended to be used for the provision of medical treatment, medical care or medical advice, but does not include—

    (a)

    any means of transport as mentioned in that paragraph; or

    (b)

    any temporary premises at or near, and provided in connection with, the public event.

(5)A service does not fall within the definition of “independent ambulance service” in subsection (2) if it is provided under the health service, unless it is so provided for remuneration.

(6) In subsection (5), “ remuneration ” does not include remuneration payable by a health service body under arrangements made for the provision of the service.

(7)Where, by virtue of payment of remuneration, the provider of a service under the health service acts as an independent ambulance service, HIS's independent health care functions are exercisable in relation to that provider only where, and to the extent that, the provider is so acting.]

Textual Amendments