Duty to provide information about fitness to practise matters as they ariseU.K.
15.—(1) The LPS contractor (C) must within 7 days of its occurrence supply in writing information to the NHSCB as to whether a person (P) who is a relevant person in relation to C—
(a)has been convicted of any criminal offence in the United Kingdom;
(b)has been convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales;
(c)has been charged with an offence and is currently the subject of any proceedings which might lead to a conviction, which have not yet been notified to the NHSCB;
(d)has accepted a police caution in the United Kingdom;
(e)has become subject to an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 M1 (admonition and absolute discharge) discharging R absolutely;
(f)has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 M2 (fixed penalty: conditional offer by procurator fiscal);
(g)has agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 M3 (penalty as alternative to prosecution);
(h)has, to P's knowledge, become subject to any investigation into P's professional conduct by any licensing body or is notified of the outcome of such an investigation where it is adverse;
(i)has, to P's knowledge, become subject to an investigation into P's professional conduct in respect of any current or previous employment or is notified of the outcome of such an investigation where it is adverse;
(j)has, to P's knowledge, become subject to any investigation by the NHS BSA in relation to fraud or is notified of the outcome of such an investigation where it is adverse;
(k)has, to P's knowledge, become the subject of any investigation by another primary care organisation, which might lead to P's removal from any relevant list; or
(l)either—
(i)has been removed or contingently removed from, refused admission to, or conditionally included in, any relevant list of another primary care organisation,
(ii)has been suspended from such a list, on fitness to practise grounds, and if so, why and the name of that other primary care organisation, or
(iii)has become the subject of a national disqualification,
and if so, C must give details of any investigation or proceedings which are being or were undertaken or brought, including the nature of that investigation or proceedings, where and approximately when that investigation or those proceedings commenced, and any outcome.
(2) P is a “relevant person” in relation to C for these purposes, in the case of a contractor that is—
(a)an individual, if P is C;
(b)a partnership, if P is a partner in C;
(c)a body corporate, if P is a director, the chief executive, the company secretary or the superintendent pharmacist of C.
(3) C or any relevant person must consent to a request being made by the NHSCB to any employer or former employer or licensing body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse.
Marginal Citations
M11995 c. 46; section 246(2) and (3) have been amended by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), Schedule 2, paragraph 26.
M21995 c. 46. Section 302 has been amended by: the Communications Act 2003 (c. 21), Schedule 17, paragraph 133; the Wireless Telegraphy Act 2006 (c. 36), Schedule 7, paragraph 16; the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 50(1); and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 70(3).
M31992 c. 5. Section 115A was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 15, and amended by the Social Security Fraud Act 2001 (c. 11) (“the 2001 Act”), section 14. The amendments made by the 2001 Act are to be repealed by, and other amendments to section 115A are to be made by, the Welfare Reform Act 2012 (c. 5), sections 113 to 115, and Schedule 14, Part 1.