The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020

Duty to provide information about fitness to practise matters as they arise E+W

20.—(1) Subject to paragraph 21, an NHS appliance contractor, and where the NHS appliance contractor is a body corporate every director of the body corporate, must, within 7 days of its occurrence, inform the Local Health Board in writing if the NHS appliance contractor or a director—

(a) is convicted of any criminal offence in the United Kingdom,

(b) is bound over following a criminal conviction in the United Kingdom,

(c) accepts a police caution in the United Kingdom,

(d) has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging them absolutely (without proceeding to conviction),

(e) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995(1) (fixed penalty: conditional offer by procurator fiscal) or a penalty under section 115A of the Social Security Administration Act 1992(2)(penalty as alternative to prosecution),

(f) is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales,

(g) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence,

(h) is notified by any licensing, regulatory or other body of the outcome of any investigation into their professional conduct, and there is a finding against them,

(i) becomes the subject of any investigation into their professional conduct by any licensing, regulatory or other body,

(j) becomes subject to an investigation into their professional conduct in respect of any current or previous employment, or is notified of the outcome of any such investigation and any finding against them;

(k) becomes the subject of any investigation by the NHS Business Services Authority in relation to fraud,

(l) becomes the subject of any investigation by another Local Health Board or equivalent body, which might lead to the removal from a relevant list, or

(m) is removed, contingently removed or suspended from, refused admission to, or conditionally included in, a relevant list on fitness to practise grounds,

and if so, the NHS appliance contractor must give details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place, and any outcome.

(2) Subject to paragraph 21, if a person to whom sub-paragraph (1) applies is, or was at the time of the originating events, a director of a body corporate, the person must in addition inform the Local Health Board within 7 days if any such body corporate—

(a) is convicted of any criminal offence in the United Kingdom,

(b) is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales,

(c) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence,

(d) is notified by any licensing, regulatory or other body of the outcome of any investigation into its provision of professional services, and there is a finding against the body corporate,

(e) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body,

(f) becomes the subject of any investigation in relation to any fraud or is notified of the outcome of such an investigation where it is adverse,

(g) becomes the subject of any investigation by another Local Health Board or equivalent body, which might lead to its removal from a relevant list, or

(h) is removed, contingently removed or suspended from, refused admission to, or conditionally included in a relevant list on fitness to practise grounds,

and if so, that person must give the name and registered office of the body corporate and details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place, and any outcome.

(3) A person to whom sub-paragraph (1) or (2) applies must consent to a request being made by the Local Health Board to any employer or former employer or licensing or regulatory body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse.

Commencement Information

I1 Sch. 6 para. 20 in force at 1.10.2020, see reg. 1(2)(b)

(1)

1995 c. 46.

(2)

1992 c. 5.