Is this a good and correct translation from 'LEGAL' into 'ENGLISH

UK Health and Social Care Act 2008 (Regulated Activities) Regulations 2014

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...

The relevant part of the Regulations appears to be

      “nurse” means a registered nurse;

      “nursing care” means any services provided by a nurse and involving—
      (a) the provision of care, or
      (b) the planning, supervision or delegation of the provision of care,
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;

       “partnership” does not include a limited liability partnership;

Now, it's true that the layout is unhelpful (and the web page matches the print version), but note the semi-colons: the "other than" proviso goes with what precedes it. What this definition is doing is restricting "nursing care" to the provision of care or its planning which can only be provided by a nurse. It specifically excludes care which does not have to be provided by a nurse.

In fact, I can't think of a more succinct way of putting it than the drafters of the Regulations came up with.

However, it boils down to

• "nursing care" is care provided by a nurse other than care which doesn't need a nurse to provide it.
• "nursing care" is care which only a nurse can provide.

So a nurse might perform a service, but if it could [legally] be done by someone else who isn't a nurse, then it's not actually nursing care.

I don't think either of your versions is correct. In the first, you are saying that care is nursing care if a nurse provides it, even though it doesn't have to be a nurse; but if a non-nurse does the same thing then it's not nursing care. In the second, you're saying that anything a nurse does is nursing care. Neither is what the Regulation defines.