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The Controlled Drugs (Supervision of Management and Use) (Wales) Regulations 2008

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Relevant premises

20.—(1) For the purposes of section 20 of the 2006 Act, the following are prescribed as relevant premises which may be inspected by an accountable officer who is an accountable officer nominated or appointed by a Local Health Board or (where appropriate) by a member of the staff of the Local Health Board——

(a)the premises of the Local Health Board for which he or she is the accountable officer or (where appropriate) of which he or she is a member of staff;

(b)the premises of a body or person acting on behalf of, or providing services under arrangements made with, that Local Health Board, unless those arrangements are with an NHS trust or a Welsh independent hospital; and

(c)any other premises which are covered by arrangements established by virtue of regulation 19(1) but which are not mentioned in sub-paragraphs (a) or (b).

(2) For the purposes of section 20 of the 2006 Act, the following are prescribed as relevant premises which may be inspected by an accountable officer who is an accountable officer nominated or appointed by an NHS trust or (where appropriate) by a member of the staff of the NHS trust—

(a)the premises of the NHS trust for which he or she is the accountable officer or (where appropriate) of which he or she is a member of staff; and

(b)the premises of a body or person acting on behalf of, or providing services under arrangements made with, that NHS trust, unless those arrangements are with a Local Health Board or a Welsh independent hospital.

(3) For the purposes of section 20 of the 2006 Act, the following are prescribed as relevant premises which may be inspected by an accountable officer who is an accountable officer nominated or appointed by a Welsh independent hospital or (where appropriate) by a member of the staff of the independent hospital——

(a)the premises of the independent hospital for which he or she is the accountable officer; and

(b)the premises of a body or person acting on behalf of, or providing services under arrangements made with, that independent hospital, unless those arrangements are with a Local Health Board or an NHS trust.

(4) All the premises mentioned in paragraphs (1) to (3) are also prescribed as relevant premises in relation to constables and persons authorised by the relevant authority under section 20(5)(a) of the 2006 Act (and accordingly they may exercise the powers under section 20 of the 2006 Act as regards those premises).

(5) An authorisation given under section 20(5)(a) or (c) of the 2006 Act must be in writing.

(6) An accountable officer (“the first accountable officer”) may request in writing that an accountable officer of another designated body of the same type inspect—

(a)the premises of the designated body of the first accountable officer; or

(b)the premises of a body or person acting on behalf of, or providing services under arrangements made with the designated body of the first accountable officer,

subject to an appropriate authorisation being granted.

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