Paragraph 44 Entry and inspection by NHS EnglandF1

England and Wales

(1)

Subject to—

(a)

the conditions in sub-paragraph (2); and

(b)

sub-paragraph (3),

the contractor shall allow persons authorised in writing by NHS England to enter and inspect the practice premises at any reasonable time.

(2)

The conditions referred to in sub-paragraph (1) are that—

(a)

reasonable notice of the intended entry has been given;

(b)

written evidence of the authority of the person seeking entry is produced to the contractor on request; and

(c)

entry is not made to any premises or part of the premises used as residential accommodation without the consent of the resident.

(3)

Where the contractor is providing services under the contract in a F2secure and detained estate, the contractor shall not be obliged to comply with sub-paragraph (1), or paragraphF3... 46, if—

(a)

the contractor has used its best endeavours to allow NHS England F4...or the F5Care Quality Commission (as the case may be) to enter and inspect the practice premises; but

(b)

entry and inspection has been prevented by the F6... authorities F7for the secure and detained estate despite the contractor's best endeavours.

(4)

In this paragraph “practice premises” includes a mobile surgery.

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
F2: Words in Sch. 3 para. 44(3) substituted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 4(2)(c)(iii)
F3: Words in Sch. 3 para. 44(3) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 9(b)(i)
F4: Words in Sch. 3 para. 44(3)(a) omitted (1.4.2008) by virtue of The Local Involvement Networks Regulations 2008 (S.I. 2008/528), reg. 1(2), Sch. para. 9(b)(ii)
F5: Words in Sch. 3 para. 44(3)(a) substituted (1.4.2009) by The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 (S.I. 2009/462), art. 1(4), Sch. 5 para. 17(a)
F6: Word in Sch. 3 para. 44(3)(b) omitted (23.6.2026) by virtue of The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 4(4)(a)
F7: Words in Sch. 3 para. 44(3)(b) inserted (23.6.2026) by The National Health Service (Primary Dental Services and Dental Charges) (Amendment) (No. 2) Regulations 2026 (S.I. 2026/554), regs. 1(2), 4(4)(b)