Paragraph 31 Sub-contracting of clinical matters

England and Wales

(1)

The contractor shall not sub-contract any of its rights or duties under the contract to any person in relation to clinical matters unless—

(a)

it has taken reasonable steps to satisfy itself that—

(i)

it is reasonable in all the circumstances; and

(ii)

that the person is qualified and competent to provide the service; and

(b)

it is satisfied in accordance with paragraphs 81 and 82 that the sub-contractor holds adequate insurance.

(2)

Where the contractor sub-contracts any of its rights or duties under the contract in relation to clinical matters, it shall—

(a)

inform F1NHS England of the sub-contract as soon as is reasonably practicable; and

(b)

provide NHS England with such information in relation to the sub-contract as it reasonably requests.

(3)

Where the contractor sub-contracts clinical services in accordance with sub-paragraph (1), the parties to the contract shall be deemed to have agreed a variation to the agreement which has the effect of adding to the list of the contractor's premises any premises which are to be used by the sub-contractor for the purpose of the sub-contract and paragraph 60 shall not apply.

(4)

A contract with a sub-contractor must prohibit the sub-contractor from sub-contracting the clinical services it has agreed with the contractor to provide.

Annotations

Textual amendments

F1: Words in Regulations substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1