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PART 1Introductory

Meaning of “relevant persons”

5.—(1) Each of the individuals listed in paragraph (2) is a “relevant person” for the purposes of these Regulations (whether or not that person is also a “relevant person” for the purposes of these Regulations by virtue of them being an individual to whom section 19(3) of the Health Act 2006 applies)—

(a)in England, as regards the NHSCB; or

(b)in Scotland, as regards any Health Board in whose area they are engaged in relevant activities.

(2) The individuals are—

(a)a health care professional who provides health care services (including medical, dental, pharmaceutical, nursing or midwifery services)—

(i)to private patients other than at or from an English or Scottish independent hospital, or

(ii)on behalf of a local authority in England that is providing services as part of the health service,

where doing so involves or may involve that health care professional in relevant activities;

(b)an individual, not being a health care professional, who is engaged in any activity carried on with or on behalf of a health care professional as mentioned in paragraph (a) that involves or may involve that individual in relevant activities;

(c)an individual (whether or not paragraph (a) or (b) also applies to that individual) who—

(i)is the manager of or is carrying on a care home, where doing so involves or may involve that individual (P1) in relevant activities, or

(ii)not being P1, is or may be engaged in relevant activities which are carried on with or on behalf of P1.