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SCHEDULE 3E+WOTHER CONTRACTUAL TERMS

PART 5E+WRECORDS, INFORMATION, NOTIFICATIONS AND RIGHTS OF ENTRY

Entry and inspection by the Local Health BoardE+W

44.—(1) Subject to—

(a)the conditions in sub-paragraph (2); and

(b)sub-paragraph (3),

the contractor will allow persons authorised in writing by the Local Health Board to enter and inspect the practice premises at any reasonable time.

(2) The conditions referred to in sub-paragraph (1) are that—

(a)reasonable notice of the intended entry has been given;

(b)written evidence of the authority of the person seeking entry is produced to the contractor on request; and

(c)entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.

(3) Where the contractor is providing services under the contract in a prison, the contractor will not be obliged to comply with sub-paragraph (1), or paragraph 45 or 46, if—

(a)the contractor has used its best endeavours to allow the Local Health Board, members of a Community Health Council or the Commission for Healthcare Audit and Inspection or the Assembly (as the case may be) to enter and inspect the practice premises; but

(b)entry and inspection has been prevented by the prison authorities despite the contractor’s best endeavours.

(4) In this paragraph “practice premises” includes a mobile surgery.

Commencement Information

I1Sch. 3 para. 44 in force at 1.3.2006, see reg. 1(1)