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3.—(1) Section 8(1) and (3) of the 2009 Act does not apply to a body or person in respect of a reporting period, where paragraph (2) applies.
(2) This paragraph applies to a body or person—
(a)which on the relevant date employed no more than fifty full time equivalent employees; and
(b)whose total income in relation to the reporting period under all contracts, agreements or arrangements with Primary Care Trusts and Strategic Health Authorities for the provision of NHS services, is not more than £130,000.
(3) The number of full time equivalent employees is calculated by dividing the total number of hours worked by all employees on the relevant date by the average standard contracted hours for the employing body or person for that period.
(4) For the purposes of this regulation, “the relevant date” in relation to a reporting period is—
(a)for any body or person not providing or subcontracting NHS services on 1st April, the first day in that period the body or person provides or sub-contracts NHS services; or
(b)in all other cases 1st April in that period.
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