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The National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016

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1.  This Order may be cited as the National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016 and comes into force on 1st April 2016.

Modification of section 10F of the National Health Service (Scotland) Act 1978

2.—(1) Section 10F (meaning of “independent health care services”) of the National Health Service (Scotland) Act 1978 is modified as follows.

(2) In subsection (2), for the definition of “independent clinic”, substitute—

“independent clinic” means, subject to subsection (2A), a clinic which is not comprised in a hospital and in or from which services are provided by a medical practitioner, dental practitioner, registered nurse, registered midwife or dental care professional;.

(3) After subsection (2), insert—

(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;

(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(1);

(e)provides primary medical services in accordance with an agreement pursuant to section 17C of this Act(2);

(f)provides services under a general medical services contract pursuant to section 17J of this Act(3); 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(4).

(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(5); and

“school” has the same meaning as in section 135(1) of the Education (Scotland) Act 1980(6)..

SHONA ROBISON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

8th March 2016

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