This Act applies if
(a) a health sector partner enters into an agreement with a private sector partner under which agreement the private sector partner agrees to
(i) provide capital for building, modifying or renovating a health care facility or any part of it, or for equipment to support services delivered in the health care facility or any part of it, and
(ii) provide one or more non-clinical services at or for that health care facility or any part of it, and
(b) that health care facility is designated by regulation for the purposes of this Act.