40.—(1) The contractor must, before employing or engaging a person to assist it in the provision of services under the agreement, take reasonable steps to satisfy itself that the person in question is both suitably qualified and competent to discharge the duties for which that person is to be employed or engaged.
(2) The duty imposed on the contractor by paragraph (1) is in addition to the duties imposed by regulations 37 to 39.
(3) When considering the competence and suitability of a person for the purposes of paragraph (1), the contractor must, in particular, have regard to that person’s—
(a)academic and vocational qualifications;
(b)education and training; and
(c)previous employment or work experience.