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The Independent Health Care Regulations (Northern Ireland) 2005

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Exceptions to the definition of independent hospital

3.  For the purposes of Article 2 of the Order, establishments of the following descriptions are excepted from being independent hospitals –

(a)an establishment which is a hospital by virtue of Article 2(2) of the Order solely because its main purpose is to provide medical or psychiatric treatment for illness or mental disorder but which provides no overnight beds for patients;

(b)an establishment which is a service hospital within the meaning of section 13(9) of the Armed Forces Act 1981(1);

(c)an establishment which is, or forms part of, a prison, within the meaning of the Prison Act (Northern Ireland) 1953(2) or a Remand Centre or Young Offenders Centre within the meaning of the Treatment of Offenders Act (Northern Ireland) 1968(3);

(d)an establishment which is an independent clinic by virtue of regulation 5;

(e)an establishment (not being a hospital which is vested in the Department or managed by an HSS trust) which has as its sole or main purpose the provision by a general practitioner of primary medical services; and such an establishment shall not become an independent hospital as a result of the provision of listed services to a patient by such a general practitioner;

(f)the private residence of a patient in which treatment is provided to such patient, but to no one else;

(g)sports grounds and gymnasia where health professionals provide treatment to persons taking part in sporting activities and events; and

(h)a surgery or consulting room, not being part of a hospital, where a medical practitioner provides medical services solely under arrangements made on behalf of the patients by their employer or another person.

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