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Hi
[UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014][1]
I am trying to understand what this particularly weasely-worded section actually means in plain English. There have been cases where, I believe it has been wrongly interpreted. The Act says:
Interpretation
2.—(1) In these Regulations—
...
other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse;
'X' means ...
Is it correct to say:
"other than" = apart from, except or differently from
"having regard to..." = (Legal) Remember and think carefully about...
So this does this correctly become:
"except for any services which, when you remember and think carefully about its nature and the circumstances, do not need to be provided by a nurse;
'X' means..."
In other words:
"If someone other than a nurse provides the service, this definition of X does not apply."
OR
"'X' means this definition **ONLY** when the service is provided by a nurse."
Grateful for your thoughts...
* [1]: https://www.legislation.gov.uk/ukdsi...3/regulation/2
[UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014][1]
I am trying to understand what this particularly weasely-worded section actually means in plain English. There have been cases where, I believe it has been wrongly interpreted. The Act says:
Interpretation
2.—(1) In these Regulations—
...
other than any services which, having regard to their nature and the circumstances in which they are provided, do not need to be provided by a nurse;
'X' means ...
Is it correct to say:
"other than" = apart from, except or differently from
"having regard to..." = (Legal) Remember and think carefully about...
So this does this correctly become:
"except for any services which, when you remember and think carefully about its nature and the circumstances, do not need to be provided by a nurse;
'X' means..."
In other words:
"If someone other than a nurse provides the service, this definition of X does not apply."
OR
"'X' means this definition **ONLY** when the service is provided by a nurse."
Grateful for your thoughts...
* [1]: https://www.legislation.gov.uk/ukdsi...3/regulation/2
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