The Independent Health Care (Wales) Regulations 2011

Meaning of “independent clinic”

4.—(1) For the purposes of the Act a surgery or consulting room in which a medical practitioner who provides no services in pursuance of the NHS Act in that establishment provides medical services of any kind (including psychiatric treatment) otherwise than under arrangements made on behalf of the patients by their employer, is prescribed as an independent clinic.

(2) Paragraph (1) does not apply if the medical services are provided only under arrangements made on behalf of the patients by—

(i) a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983, or

(ii) an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis of treatment of physical or mental illness, disability or infirmity.

(3) Where two or more medical practitioners use different parts of the same premises as a surgery or consulting room, or use the same surgery or consulting room at different times, each of the medical practitioners will be regarded as carrying on a separate independent clinic unless they are in practice together.