{
  "url": "https://openlegislation.uk/independent-health-care-wales-regulations-2011/regulation-3",
  "json_url": "https://openlegislation.uk/independent-health-care-wales-regulations-2011/regulation-3.json",
  "legislation": "wsi/2011/734",
  "legislation_title": "The Independent Health Care (Wales) Regulations 2011",
  "legislation_url": "https://openlegislation.uk/independent-health-care-wales-regulations-2011",
  "path": "regulation/3",
  "kind": "regulation",
  "number": "3",
  "heading": "Meaning of “independent hospital”",
  "text": "(1) Subject to paragraph (2), for the purposes of section 2(7)(f) of the Act, treatment using any of the following techniques or technology are prescribed—\n(a) a Class 3B or Class 4 laser product, as defined in Part I of British Standard EN 60825-1 (Radiation safety of laser products and systems);\n(b) an intense light, being broadband non-coherent light which is filtered to produce a specified range of wavelengths, such filtered radiation being delivered to the body, with the aim of causing thermal, mechanical or chemical damage to structures such as hair follicles and skin blemishes while sparing surrounding tissues;\n(c) circumcision of male children by a health care professional, including for the purpose of religious observance;\n(d) haemodialysis or peritoneal dialysis;\n(e) endoscopy;\n(f) hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) to a patient who is in a sealed chamber which is gradually pressurised with compressed air, where such therapy is carried out by or under the direct supervision or direction of a medical practitioner and where the primary use of that chamber is otherwise than for the treatment of workers in connection with the work which they perform; and\n(g) in vitro fertilisation techniques, being treatment services for which a licence may be granted under paragraph 1 of Schedule 2 to the Human Fertilisation and Embryology Act 1990.\n(2) “Listed services” do not include treatment using the following techniques or technology—\n(a) treatment for the relief of muscular and joint pain using an infra-red heat treatment lamp;\n(b) treatment using a Class 3B laser product where such treatment is carried out by or under the supervision of a health care professional;\n(ba) dental treatment using a Class 4 laser product where such treatment is carried out by or under the supervision of a dentist or dental care professional working in a private dental practice within the meaning of the Private Dentistry (Wales) Regulations 2017;\n(c) the use of an apparatus (not being an apparatus falling within paragraph (1)(b)) for acquiring an artificial suntan, consisting of a lamp or lamps emitting ultraviolet rays.\n(3) For the purposes of section 2 of the Act, establishments of the following descriptions are excepted from being independent hospitals—\n(a) an establishment which is a hospital by virtue of section 2(3)(a)(i) solely because its main purpose is to provide medical or psychiatric treatment for illness or mental disorder or palliative care but which has no approved places;\n(b) an establishment which is a service hospital within the meaning of Schedule 12 of the Armed Forces Act 2006;\n(c) an establishment which is, or forms part of, a prison, remand centre, young offender institution or secure training centre within the meaning of the Prison Act 1952;\n(d) an establishment (not being a health service hospital) which has as its sole or main purpose the provision by a general practitioner or practitioners of medical services within the meaning of Part IV of the NHS Act; and such an establishment will not be an independent hospital as the result of the provision of listed services to a patient or patients by such a general practitioner or practitioners;\n(e) the private residence of a patient or patients in which treatment is provided to such patient or patients but to no-one else;\n(f) sports grounds and gymnasia where health care professionals provide treatment to persons taking part in sporting activities and events; and\n(g) a surgery or consulting room, (which is not part of a hospital), in which a medical practitioner provides medical services only under arrangements made on behalf of the patients by—\n(i) their employer,\n(ii) a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 1983, or\n(iii) an insurance provider with whom the patients hold an insurance policy, other than an insurance policy which is solely or primarily intended to provide benefits in connection with the diagnosis or treatment of physical or mental illness, disability or infirmity;\n(h) an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because it provides—\n(i) nail surgery,\n(ii) nail bed procedures, or\n(iii) curettage, cautery or the cryocautery of warts, verrucae or other skin lesions,\non any areas of the foot and uses local anaesthesia during these procedures; and\n(i) an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because a medical practitioner provides curettage, cautery or the cryocautery of warts, verrucae or other skin lesions and uses local anaesthesia during that procedure.\n(4) In this regulation “local anaesthesia” (“anesthesia lleol”) means any anaesthesia other than general, spinal or epidural anaesthesia, and also excludes the administration of a regional nerve block.\n(5) The definition of “listed services” in subsection (7) of section 2 of the Act has effect as if in paragraph (a) of that definition the words “intravenously administered” were inserted after “or”.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 3(2)(ba) inserted (1.4.2017) by The Private Dentistry (Wales) Regulations 2017 (S.I. 2017/202), regs. 1, 38(2)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 3 in force at 5.4.2011, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Copies of BS EN 60825-1 may be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1990 c. 37."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2006 c. 52. See paragraph 12 of the Schedule."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "1952 c. 52."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1983 c. 20."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2011/734/regulation/3",
    "retrieved_at": "2026-10-28T23:51:10.955714+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."
}