SCHEDULE 1

CONTENT OF AGREEMENTS
PART 4

PERSONS WHO PERFORM SERVICES

Sub-contracting of clinical matters
32
1
Subject to sub-paragraph (2) the provider shall not sub-contract any of its rights or duties under the agreement in relation to clinical matters unless–
a
in all cases, including those which fall within paragraph 4 of Schedule 4 (if applicable), it has taken reasonable steps to satisfy itself that–
i
it is reasonable in all the circumstances; and
ii
that person is qualified and competent to provide the service; and
b
except in cases which fall within paragraph 4 of Schedule 4 (if applicable), it has notified the Health Board of its intention to sub-contract as soon as reasonably practicable before the date on which the proposed sub-contract is intended to come into force.
2
Sub-paragraph (1)(b) shall not apply to a contract for services with a health care professional for the provision by that person of clinical services.
3
The notification referred to in sub-paragraph (1)(b) shall include–
a
the name and address of the proposed sub-contractor;
b
the duration of the proposed sub-contract;
c
the services to be covered; and
d
the address of any premises to be used for the provision of services.
4
Following receipt of a notice in accordance with sub-paragraph (1)(b), the Health Board may request such further information relating to the proposed sub-contract as appears to it to be reasonable and the provider shall supply such information promptly.
5
The provider shall not proceed with the sub-contract or, if it has already taken effect, shall take appropriate steps to terminate it, where, within 28 days of receipt of the notice referred to in sub-paragraph (1)(b), the Health Board has served notice of objection to the sub-contract on the grounds that–
a
the sub-contract would–
i
put at serious risk the safety of the provider’s patients; or
ii
put the Board at risk of material financial loss; or
b
the sub-contractor would be unable to meet the provider’s obligations under the agreement.
6
Where the Health Board objects to a proposed sub-contract in accordance with sub paragraph (5), it shall include with the notice of objection a statement in writing of the reasons for its objection.
7
Sub-paragraphs (1) and (3) to (6) shall also apply in relation to any renewal or material variation of a sub-contract in relation to clinical matters.
8
Where a Health Board does not object to a proposed sub-contract under sub-paragraph (5), the parties to the agreement shall be deemed to have consented to a variation of the agreement which has the effect of adding to the list of practice premises any premises whose address was notified to it under sub-paragraph (3)(d) and paragraph 59 shall not apply.
9
A contract with a sub-contractor must prohibit the sub-contractor from sub-contracting the clinical services it has agreed with the provider to provide.