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

““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;”.

“(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 Act3;

(e)

provides primary medical services in accordance with an agreement pursuant to section 17C of this Act4;

(f)

provides services under a general medical services contract pursuant to section 17J of this Act5; 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 19846.

(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 20057; and

“school” has the same meaning as in section 135(1) of the Education (Scotland) Act 19808.”.