3

In this paragraph “independent hospital”, in relation to England, means—

a

an establishment, not being a health service hospital as defined by section 275 of the National Health Service Act 20063,—

i

the main purpose of which is to provide medical or psychiatric treatment for illness or mental disorder or palliative care; or

ii

in which (whether or not other services are provided) any of the services listed in sub-paragraph (5) are provided; or

b

any other establishment, not being a health service hospital as so defined, in which treatment or nursing (or both) are provided for persons liable to be detained under the Mental Health Act 19834.

4

In this paragraph “independent hospital”, in relation to Wales, means an independent hospital within the meaning of the Care Standards Act 20005.

5

The services referred to in sub-paragraph (3)(a)(ii) are as follows—

a

medical treatment under anaesthesia or intravenously administered sedation;

b

dental treatment under general anaesthesia;

c

obstetric services and, in connection with childbirth, medical services;

d

termination of pregnancies;

e

cosmetic surgery, other than—

i

ear and body piercing,

ii

tattooing,

iii

the subcutaneous injection of a substance or substances into the skin for cosmetic purposes, or

iv

the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.

6

In sub-paragraph (3)(a)(i)—

a

“illness” includes any injury; and

b

“mental disorder” has the same meaning as in the Mental Health Act 1983.