Regulation 2 Persons to be regarded as the person who provides a health care serviceI1

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 (F1... licensing).

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—

For the purposes of paragraph (2), a person is an employee of A where that person—

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.

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—

In this regulation—

• “agency worker” and “temporary work agency” have the same meaning as in the Agency Workers Regulations 2010^f1; 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.