art 2 Amendment of article 1 of the principal Order
In article 1 of the principal Order (citation, commencement and interpretation), in paragraph (2), in sub-paragraph (a)— (a) after the definition of “health authority”, insert the following definition— “health care” means services for or in connection with the prevention, diagnosis or treatment of disease; (b) after the definition of “homoeopathic certificate of registration” , insert the following definitions— “independent clinic”— in relation to England and Wales, has the meaning given by section 2(4) of the Care Standards Act 2000 , and in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001 ; “independent hospital”— in relation to England and Wales, shall be construed in accordance with section 2(2), (3) and (6) of the Care Standards Act 2000, and in relation to Scotland, means— an independent hospital, or a private psychiatric hospital, as defined by section 77(1) of the Regulation of Care (Scotland) Act 2001; “independent medical agency”— in relation to England and Wales, has the meaning given by section 2(5) of the Care Standards Act 2000, and in relation to Scotland, has the meaning given by section 77(1) of the Regulation of Care (Scotland) Act 2001; (c) after the definition of “ NHS trust” , insert the following definition— “nursing home” has the meaning given by article 16 of the Registered Homes (Northern Ireland) Order 1992 ; (d) after the definition of “Primary Care Trust” , insert the following definition— “prison service” means— in relation to England and Wales, a Minister of the Crown exercising functions in relation to prisons (within the meaning of the Prison Act 1952 ), in relation to Scotland, the Scottish Ministers exercising functions in relation to prisons (within the meaning of the Prisons (Scotland) Act 1989 ), and in relation to Northern Ireland, the Northern Ireland Department exercising functions in relation to prisons (within the meaning of the Prison Act (Northern Ireland) 1953 ); (e) after the definition of “registered ophthalmic optician”, insert the following definition— “registered provider” means— in relation to an independent hospital, an independent clinic or an independent medical agency— in relation to England and Wales, the person who is registered under Part II of the Care Standards Act 2000 as the person carrying on the establishment or agency, in relation to Scotland, the person who is registered under Part 1 of the Regulation of Care (Scotland) Act 2001 as the person providing the establishment or agency, and in relation to a nursing home, the person registered under Part III of the Registered Homes (Northern Ireland) Order 1992 as the person carrying on the nursing home, other than a manager who is to be treated as carrying on the home by virtue of article 17(2) of that order; “relevant manager” means— in relation to an independent hospital, an independent clinic or an independent medical agency— in relation to England and Wales— a person who is registered under Part II of the Care Standards Act 2000 as the manager of the establishment or agency, but who is not the registered provider for that establishment or agency, or if there is no such person, but the registered provider has appointed a person to manage the establishment or agency, that appointed person, in relation to Scotland, a person, other than the registered provider, who was identified as an individual who is to manage the establishment or agency on the application for registration of that establishment or agency under Part 1 of the Regulation of Care (Scotland) Act 2001, and in relation to a nursing home, the manager of the nursing home, unless they are the registered provider for that home;