16   Definition of pecuniary interest

(1)  For the purposes of this Part:

de facto partner of a practitioner means the other party to a de facto relationship (within the meaning of the Property (Relationships) Act 1984) with the practitioner.

pecuniary interest in a day procedure centre means any one or more of the following interests:

(a)  a pecuniary interest in the licence to conduct the day procedure centre, being:

(i)  an interest as the holder of the licence to conduct the day procedure centre, or as one of the holders of such a licence, or

(ii)  an interest in any corporation (other than a public company) which is the licensee of the day procedure centre, or

(iii)  a holding of 5 per cent or more of the issued share capital of a public company which is the licensee of the day procedure centre,

(b)  a pecuniary interest in the premises on which the day procedure centre is conducted, being:

(i)  an interest (whether at law or in equity) in the premises at which the day procedure centre is conducted, or

(ii)  an interest in any corporation (other than a public company) which has any interest (whether at law or in equity) in the premises at which the day procedure centre is conducted, or

(iii)  a holding of 5 per cent or more of the issued share capital of any public company which has any interest (whether at law or in equity) in the premises at which the day procedure centre is conducted,

(c)  a pecuniary interest in the services provided to the day procedure centre, being:

(i)  an interest in any clinical or administrative services provided to the day procedure centre (other than an interest being fees from medical or dental services provided by the person to any patient in the day procedure centre), or

(ii)  an interest in any corporation (other than a public company) which has an interest in any clinical or administrative services provided to the day procedure centre, or

(iii)  a holding of 5 per cent or more of the issued share capital of any public company which has an interest in any clinical or administrative services provided to the day procedure centre.

relative of a practitioner means the spouse, de facto partner, parent, child, brother or sister of the practitioner.

(2)  For the purposes of section 46 (4) of the Act, a practitioner has a pecuniary interest in a day procedure centre if the practitioner has a pecuniary interest within the meaning of this Part.

(3)  For the purposes of section 46 (5) of the Act, a pecuniary interest in a day procedure centre of a relative of a practitioner is a pecuniary interest of the practitioner.