Regulation 17 Rights of entry

(1)

Subject to the following paragraphs of this regulation, persons authorised in writing by the Commission may at any reasonable time enter and inspect relevant premises^f1 for the purposes of conducting—

(a)

a clinical governance review;

(b)

any review under section 20(1)(d) of the Act (and any inspection carried out in connection with such a review); or

(c)

an investigation.

(2)

Each person authorised by the Commission under paragraph (1) shall be furnished with written evidence of his authority and on applying for entry to relevant premises for the purposes specified in paragraph (1) shall, if so requested by the occupier of the premises or a person acting on his behalf, produce that evidence.

(3)

A person authorised by the Commission under paragraph (1) shall not demand admission to relevant premises as of right unless the person or body which owns or controls the premises has been given reasonable notice of the intended entry.

(4)

No person authorised by the Commission under paragraph (1) may enter any premises or part of premises used as residential accommodation for persons employed by any person or body, without first having obtained the consent of the officers residing in such accommodation.

(5)

Subject to regulation 20, a person authorised by the Commission under paragraph (1) to enter relevant premises under this regulation may inspect and take copies of any documents which—

(a)

appear to him to be necessary for the purposes of the review, inspection or investigation in question; and

(b)

are held on the premises by—

(i)

the person or body which owns or controls the premises;

(ii)

a chairman, member, director or employee of that person or body;

(iii)

any other person acting on behalf of that person or body; or

(iv)

a member of a committee or sub-committee of any body concerned.

(6)

In paragraph (5) and in regulation 18, “review” means a clinical governance review or a review under section 20(1)(d) of the Act.

Annotations

Footnotes

f1: See section 23(6) of the Act (inserted by section 13(2) of the 2002 Act) for the definition of “relevant premises”.