Regulation 20 Relevant premises

(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 Primary Care Trust, Health Board or Special Health Board or (where appropriate) by a member of the staff of the Primary Care Trust, Health Board or Special Health Board—

(a)

the premises of the Primary Care Trust, Health Board or Special Health Board for which he is the accountable officer or (where appropriate) of which he 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 Primary Care Trust, Health Board or Special Health Board, unless those arrangements are with an NHS trust, an NHS foundation trust or an English or Scottish 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 an NHS foundation trust or (where appropriate) by a member of the staff of the trust—

(a)

the premises of the trust for which he is the accountable officer or (where appropriate) of which he 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 trust, unless those arrangements are with a Primary Care Trust, a Health Board, Special Health Board or an English or Scottish 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 an English or Scottish 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 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 Primary Care Trust, a Health Board, a Special Health Board, an NHS trust or a foundation 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) (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 (or in the case of a health service body in Scotland, of another health service body in Scotland) 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.