{
  "url": "https://openlegislation.uk/draft-health-and-social-care-act-2008-consequential-amendments-no2-order-2010/article-12",
  "json_url": "https://openlegislation.uk/draft-health-and-social-care-act-2008-consequential-amendments-no2-order-2010/article-12.json",
  "legislation": "ukdsi/2010/9780111491003",
  "legislation_title": "The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010",
  "legislation_url": "https://openlegislation.uk/draft-health-and-social-care-act-2008-consequential-amendments-no2-order-2010",
  "path": "article/12",
  "kind": "article",
  "number": "12",
  "heading": "Amendments of the Licensing Act 2003",
  "text": "In section 16 of the Licensing Act 2003 (applicant for premises licence)—\n(a) in subsection (1)—\n(i) in paragraph (g), after “hospital” insert “in Wales”, and\n(ii) after paragraph (g) insert—\n“(ga) a person who is registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the carrying on of a regulated activity (within the meaning of that Part) in an independent hospital in England,”;\n(b) in subsection (3), for the definition of “independent hospital” substitute—\n““independent hospital”—\n(a) in relation to England, means—\n(i) a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, or\n(ii) any other establishment in which any of the services listed in subsection (4) are provided and which is not a health service hospital as so defined; and\n(b) in relation to Wales, has the same meaning as in the Care Standards Act 2000;”; and\n(c) after subsection (3) add—\n“(4) The services referred to in paragraph (a)(ii) of the definition of “independent hospital” are as follows—\n(a) medical treatment under anaesthesia or intravenously administered sedation;\n(b) dental treatment under general anaesthesia;\n(c) obstetric services and, in connection with childbirth, medical services;\n(d) termination of pregnancies;\n(e) cosmetic surgery, other than—\n(i) ear and body piercing;\n(ii) tattooing;\n(iii) the subcutaneous injection of a substance or substances into the skin for cosmetic purposes; or\n(iv) the removal of hair roots or small blemishes on the skin by the application of heat using an electric current.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "2003 c. 17; to which there are amendments not relevant to this Order."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2010/9780111491003/article/12",
    "retrieved_at": "2026-10-30T14:56:04.890749+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}