# The National Health Service (Licence Exemptions, etc.) Regulations 2013, Regulation 2: Persons to be regarded as the person who provides a health care service


(1) This regulation applies for the purposes of determining, in relation to a health care service provided by two or more persons acting in different capacities, which of those persons is providing the health care service for the purposes of Chapter 3 of Part 3 of the 2012 Act (Monitor: licensing).
(2) A person (A) is to be regarded as the person providing a health care service where that service is provided by A and one or more other persons who are—
(a) individuals, and
(b) employees of A for the purposes of providing that service.
(3) For the purposes of paragraph (2), a person is an employee of A where that person—
(a) is employed by A under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract, or
(b) has been granted practising privileges by A.
(4) In paragraph (3)(a), the reference to “otherwise than under a contract” includes an agreement between A and a temporary work agency for the supply of an agency worker to A.
(5) Except where paragraph (2) applies, both a person (B) and another person (C) are to be regarded as the person who provides the health care service where—
(a) B has contracted with the National Health Service Commissioning Board or a clinical commissioning group to provide that service, and
(b) C provides that service under arrangements made between B and C.
(6) In this regulation—
“agency worker” and “temporary work agency” have the same meaning as in the Agency Workers Regulations 2010; and
“practising privileges” means the grant by A to a registered medical practitioner of permission to practise as a medical practitioner in a hospital (as defined in section 275 of the 2006 Act) managed by A.

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Source: https://www.legislation.gov.uk/ukdsi/2013/9780111100813/regulation/2 (the official version)
Page: https://openlegislation.uk/draft-national-health-service-licence-exemptions-etc-regulations-2013/regulation-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.