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

Draft 2016, ISBN 9780111030936

This Order amends the definition of “independent clinic” in section 10F of the National Health Service (Scotland) Act 1978 to add registered nurses, registered midwives and dental care professionals to the existing health professionals (medical practitioners and dental practitioners) listed in that definition.

Made under: National Health Service (Scotland) Act 1978 (Section 10G, Section 105)

PDFs: Printed copy https://openlegislation.uk/draft-national-health-service-scotland-act-1978-independent-clinic-amendment-order-2016/pdf/sdsi_9780111030936_en.pdf; Draft Policy Note https://openlegislation.uk/draft-national-health-service-scotland-act-1978-independent-clinic-amendment-order-2016/pdf/sdsipn_9780111030936_en.pdf

## Introductory text

Draft Order laid before the Scottish Parliament under section 105(3) of the National Health Service (Scotland) Act 1978, for approval by resolution of the Scottish Parliament.
Public Health
Made 2016
Coming into force 1st April 2016
The Scottish Ministers make the following Order in exercise of the powers conferred by sections 10G and 105(7) of the National Health Service (Scotland) Act 1978 and all other powers enabling them to do so.
In accordance with section 10G of that Act, they have consulted with such persons or groups of persons as they considered appropriate.
In accordance with section 105(3) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

## 1 Citation and commencement

This order may be cited as the National Health Service (Scotland) Act 1978 (Independent Clinic) Amendment Order 2016 and comes into force on 1st April 2016.

## 2 Modification of section 10F of the National Health Service (Scotland) Act 1978

(1) Section 10F (meaning of “independent health care services”) of the National Health Service (Scotland) Act 1978 is modified as follows.
(2) In subsection (2), for the definition of “independent clinic”, substitute—
““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;”.
(3) After subsection (2), insert—
“(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 Act;
(e) provides primary medical services in accordance with an agreement pursuant to section 17C of this Act;
(f) provides services under a general medical services contract pursuant to section 17J of this Act; 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 1984.
(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 2005; and
“school” has the same meaning as in section 135(1) of the Education (Scotland) Act 1980.”.

## Signature

Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date

## Explanatory note

(This note is not part of the Order)
This Order amends the definition of “independent clinic” in section 10F of the National Health Service (Scotland) Act 1978 to add registered nurses, registered midwives and dental care professionals to the existing health professionals (medical practitioners and dental practitioners) listed in that definition.
This Order also provides for certain exceptions to the definition of “independent clinic”.

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Source: https://www.legislation.gov.uk/sdsi/2016/9780111030936 (the official version)
Page: https://openlegislation.uk/draft-national-health-service-scotland-act-1978-independent-clinic-amendment-order-2016
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.