The Private and Voluntary Health Care (England) Amendment Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/2352 |
| Year | 2008 |
2008 No. 2352
Public Health, England
The Private and Voluntary Health Care (England) Amendment Regulations 2008
Made 3rd September 2008
Laid before Parliament 8th September 2008
Coming into force 1st October 2008
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 2(4), (7) and (8), 22(1) and (2) and 118(5) to (7) of the Care Standards Act 20001. In accordance with section 22(9) of that Act he has consulted such persons as he considers appropriate.
Citation, commencement, application and interpretation
1.—(1) These Regulations may be cited as the Private and Voluntary Health Care (England) Amendment Regulations 2008 and shall come into force on 1st October 2008.
(2) These Regulations apply in relation to England.
(3) In these Regulations, “the 2001 Regulations” means the Private and Voluntary Health Care (England) Regulations 20012.
Amendment of regulation 2 of the 2001 Regulations
2. In regulation 2 of the 2001 Regulations (interpretation), in paragraph (1), after the definition of “health care professional” insert—
““insurance provider” means—
(a) a person regulated by the Financial Services Authority who sells insurance, or underwrites the risk of such insurance, or
(b) the agent of such a person;
“local anaesthesia” means any anaesthesia other than general, spinal or epidural anaesthesia, and also excludes the administration of a regional nerve block;”.
Amendment of regulation 3 of the 2001 Regulations
3. In regulation 3 of the 2001 Regulations (prescribed techniques or technology and exceptions to the definition of independent hospital)—
(a) in paragraph (1)—
(i) at the end of sub-paragraph (d) insert “and”,
(ii) for sub-paragraph (e), substitute—
“(e)
“(e) hyperbaric therapy, being the administration of oxygen (whether or not combined with one or more other gases) through a mask 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 supervision or direction of a medical practitioner, except where the primary use of that chamber is—
(i) pursuant to regulation 6(3)(b) of the Diving at Work Regulations 19973or regulation 8 or 12 of the Work in Compressed Air Regulations 19964; or
(ii) otherwise for the treatment of workers in connection with the work which they perform.”, and
(iii) omit sub-paragraph (f),
(b) at the end of paragraph (2) insert—
“(d)
“(d) 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 19905.”;
(c) in paragraph (3)—
(i) at the end of sub-paragraph (g), omit “and”,
(ii) for sub-paragraph (h) substitute—
“(h)
“(h) 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—
(i) their employer,
(ii) a government department or any executive agency of a government department,
(iii) a prison or other establishment in which the patients are held in custody, other than pursuant to any provision of the Mental Health Act 19836, or
(iv) 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;”, and
(iii) after sub-paragraph (h) insert—
“(i)
“(i) an establishment which is a hospital by virtue of section 2(7)(a) of the Act solely because it provides—
(i) nail surgery,
(ii) nail bed procedures, or
(iii) curettage, cautery or the cryocautery of warts, verrucae or other skin lesions,
on any area of the foot and uses local anaesthesia during that procedure; and
(j)
(j) 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...
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