{
  "url": "https://openlegislation.uk/national-health-service-licence-exemptions-etc-regulations-2013/regulation-2",
  "json_url": "https://openlegislation.uk/national-health-service-licence-exemptions-etc-regulations-2013/regulation-2.json",
  "legislation": "uksi/2013/2677",
  "legislation_title": "The National Health Service (Licence Exemptions, etc. ) Regulations 2013",
  "legislation_url": "https://openlegislation.uk/national-health-service-licence-exemptions-etc-regulations-2013",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Persons to be regarded as the person who provides a health care service",
  "text": "(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 (... licensing).\n(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—\n(a) individuals, and\n(b) employees of A for the purposes of providing that service.\n(3) For the purposes of paragraph (2), a person is an employee of A where that person—\n(a) is employed by A under a contract of service, an apprenticeship, a contract for services or otherwise than under a contract, or\n(b) has been granted practising privileges by A.\n(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.\n(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—\n(a) B has contracted with NHS England or an integrated care board to provide that service, and\n(b) C provides that service under arrangements made between B and C.\n(6) In this regulation—\n“agency worker” and “temporary work agency” have the same meaning as in the Agency Workers Regulations 2010; and\n“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.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in reg. 2(1) omitted (1.7.2022) by virtue of The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), regs. 1(2), 112(2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in regulations substituted (1.7.2022) by The Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 (S.I. 2022/634), reg. 1(2), Sch. para. 1(1)(3) (with Sch. para. 1(2))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 2 in force at 1.4.2014, see reg. 1(1)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2010/93. Relevant amendments were made by S.I. 2011/1941."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2013/2677/regulation/2",
    "retrieved_at": "2026-10-29T00:37:23.024179+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."
}