The Independent Health Care (Wales) Regulations 2011

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

• “the 2005 Act” (“Deddf 2005”) means the Mental Capacity Act 2005(1);

• “the Act” (“y Ddeddf”) means the Care Standards Act 2000;

• “agency” (“asiantaeth”) means an independent medical agency;

• “appropriate office of the registration authority” (“swyddfa briodol yr awdurdod cofrestru”) means in relation to an establishment or agency—

  (a)

  if an office has been specified under paragraph (2) for the area in which the establishment or agency is situated, that office;

  (b)

  in any other case, any office of the registration authority;

• “approved places” (“lleoedd cymeradwy”) means, in relation to an independent hospital, a bed which is available in accordance with any condition placed upon the registration of any person in respect of the independent hospital, for the use by a patient at night;

• “dentist” (“deintydd”) means a person registered in the dentists register under the Dentists Act 1984(2);

• “establishment” (“sefydliad”) means an independent hospital or an independent clinic;

• “Financial Services Authority” (“Awdurdod Gwasanaethau Ariannol”) means the body established under section 1 of the Financial Services and Markets Act 2000(3);

• “general practitioner” (“ymarferydd cyffredinol”) means a medical practitioner who provides primary medical services pursuant to sections 41, 42 and 50 of the NHS Act;

• “health care professional” (“proffesiynolyn gofal iechyd”) means a person who is registered as a member of any profession to which section 60(2) of the Health Act 1999(4) applies and “health care profession” must be construed accordingly;

• “health care record” (“cofnod gofal iechyd”) means any record which—

  (a)

  consists of information relating to the physical or mental health or condition of an individual, and

  (b)

  has been made by or on behalf of a health professional in connection with the care of that individual;

• “insurance provider” (“darparwr yswiriant”) means—

  (a)

  a person regulated by the Financial Services Authority who sells insurance, or underwrites the risk of such insurance, or

  (b)

  the agent of such a person;

• “medical device” (“dyfais feddygol”) has the same meaning as in the Medical Devices Regulations 2002(5);

• “medical practitioner” (“ymarferydd meddygol”) means a registered medical practitioner;

• “midwife” (“bydwraig”) means a registered midwife who has notified her intention to practise to the local supervisory authority in accordance with any rules made under article 42 of the Nursing and Midwifery Order 2001(6);

• “the NHS Act” (“Deddf y GIG”) means the National Health Service (Wales) Act 2006(7);

• “organisation” (“corff”) means a body corporate;

• “patient” (“claf”), in relation to an establishment or agency, means a person for whom treatment is provided in or for the purposes of the establishment or for the purposes of the agency;

• “patients' guide” (“arweiniad y cleifion”) means the guide compiled in accordance with regulation 7;

• “practising privileges” (“breintiau ymarfer”), in relation to a medical practitioner, refers to the grant to a person who is not employed in an independent hospital of permission to practise in that hospital;

• “registered manager” (“rheolwr cofrestredig”), in relation to an establishment or agency, means a person who is registered under Part II of the Act as the manager of the establishment or agency;

• “registered person” (“person cofrestredig”), in relation to an establishment or agency, means any person who is the registered provider or the registered manager of the establishment or agency;

• “registered provider” (“darparwr cofrestredig”), in relation to an establishment or agency, means a person who is registered under Part II of the Act as the person carrying on the establishment or agency;

• “responsible individual” (“unigolyn cyfrifol”) is to be construed in accordance with regulation 10;

• “specialist medical register” (“cofrestr feddygol arbenigol”) means the register of specialist medical practitioners kept by the General Medical Council in accordance with section 34D of the Medical Act 1983(8);

• “statement of purpose” (“datganiad o ddiben”) means the written statement compiled in accordance with regulation 6;

• “treatment” (“triniaeth”) includes palliative care, nursing and listed services, within the meaning of section 2 of the Act.

(2) The registration authority may specify an office controlled by it as the appropriate office in relation to establishments and agencies situated in a particular area of Wales.

(3) In these Regulations, a reference—

(a) to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;

(b) in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number;

(c) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

(4) In these Regulations, unless the contrary intention appears, references to employing a person include employing a person whether under a contract of service or a contract for services and references to an employee or to a person being employed is to be construed accordingly.

(1)

2005 c. 9.

(2)

1984 c. 24.

(3)

2000 c. 8.

(4)

1999 c. 8.

(5)

S.I. 2002/618.

(6)

S.I. 2002/253.

(7)

2006 c. 42.

(8)

1983 c. 54. This section was inserted by S.I.2010/234 (article 4, Schedule 1, paragraph 10).