SCHEDULE 5OTHER CONTRACTUAL TERMS

PART 4persons who perform services

Conditions for employment and engagement

53.—(1) A contractor shall not employ or engage –

(a)a health care professional other than one to whom paragraph 48 applies unless the contractor has checked that he meets the requirements in paragraph 49; or

(b)a health care professional to perform clinical services unless he has taken reasonable steps to satisfy himself that he meets the requirements in paragraph 51.

(2) Where the employment or engagement of a health care professional is urgently needed and it is not possible to check the matters referred to in paragraph 49 in accordance with sub-paragraph (1)(b) before employing or engaging him, he may be employed or engaged on a temporary basis for a single period of up to 7 days whilst such checks are undertaken.

(3) When considering a health care professional’s experience and training for the purposes of sub-paragraph (1)(b), the contractor shall have regard in particular to –

(a)any post-graduate or post-registration qualification held by the health care professional; and

(b)any relevant training undertaken by him and any relevant clinical experience gained by him.