59.—(1) A licensee must ensure that it has adequate personnel, facilities and equipment to satisfy its obligations under this Part.
(2) If the conditions set out in paragraph (4) are satisfied, a licensee may enter into arrangements with a third party—
(a)to provide personnel, facilities or equipment for use in the licensee’s training programme,
(b)to perform any part of its training programme, or
(c)to carry out medical assessments and medical examinations.
(3) Before entering into any such arrangements with a third party, the licensee must satisfy itself that the personnel, services, equipment or other facilities to be provided by the third party satisfy the requirements of this Part.
(4) The conditions referred to in paragraph (2) are that—
(a)the arrangements between the licensee and the third party ensure that the licensee retains full control over—
(i)the content of any service provided by the third party, and the way in which that service is provided, and
(ii)what equipment or facilities are to be provided by the third party, and the condition of that equipment or those facilities;
(b)the arrangements between the licensee and the third party enable the licensee to provide access to the regulator, or any person authorised by the regulator, to any records or other material held by the third party which relates to the licensed activities;
(c)the arrangements between the licensee and the third party are set out in full in a contract between them.
(5) The use by the licensee of a third party to provide services to the licensee for the purpose of the licensee’s obligations under the Act, these Regulations and its licence does not relieve the licensee from any liability in relation to those obligations.
Commencement Information
I1Reg. 59 in force at 29.7.2021, see reg. 1(1)