9Matters the Secretary must consider in deciding whether or not to grant an approval in principle

9 Matters the Secretary must consider in deciding whether or not to grant an approval in principle

S. 9(1) substituted by No. 29/2021 s. 11(1).

(1) The Secretary must not grant an approval in principle to operate a non-emergency patient transport service unless the Secretary is satisfied that—

(b) if the applicant is a body corporate, each director and officer of the body corporate who does or may exercise control over the service is a fit and proper person; and

(c) the applicant has established suitable clinical governance arrangements and management and staffing arrangements for the service; and

(d) the equipment and vehicles to be used by the service are suitable.

(2) In determining whether or not to grant an approval in principle, the Secretary may consider whether or not the vehicles proposed to be used in the service are suitable for that use having regard to—

(a) the safety, health and well being needs of the persons who are likely to be transported in the vehicles; and

(b) any other requirements imposed by the regulations.

S. 9(3) inserted by No. 29/2021 s. 11(2).

(3) In determining whether or not to grant an approval in principle under subsection (1), the Secretary may consider the following matters if the applicant is or has been associated with the operator of another non‑emergency patient transport service—

(a) the extent and nature of the applicant's involvement in the other non‑emergency patient transport service;

(b) the number of complaints, if any, made by or on behalf of patients against the other non‑emergency patient transport service within the previous 3 years, and how those complaints have been dealt with;

(c) the financial management of the other non‑emergency patient transport service;

(d) whether the other non-emergency patient transport service has been operated in accordance with—

(iii) if the operator of the other non‑emergency patient transport service is or has been licensed under this Act, any conditions on that licence; and

(iv) any other law relating to or affecting the operation of a non-emergency patient transport service;

(e) whether the applicant has been found guilty of an offence against this Act or regulations made under this Act in relation to the other non-emergency patient transport service.

S. 9(4) inserted by No. 29/2021 s. 11(2).

(4) For the purpose of subsection (3), an applicant is or has been associated with the operator of another non-emergency patient transport service if—

(a) the applicant is an individual and is or has been—

(i) the licence holder for or operator of the other non-emergency patient transport service; or

(ii) a director or officer of a body corporate that is or has been—

(A) the licence holder for the other non-emergency patient transport service; or

(B) the operator of the other non‑emergency patient transport service, if the director or officer has exercised control over the body corporate; or

(b) the applicant is a body corporate and a director or officer of the applicant is or has been—

(i) the operator of the other non‑emergency patient transport service; or

(ii) a director or officer of a body corporate that operates or has operated the other non-emergency patient transport service, if the director or officer has exercised control over the other body corporate.

S. 9(5) inserted by No. 29/2021 s. 11(2).

(5) The Secretary, by written notice to the applicant, may require the applicant to give the Secretary any further information or document the Secretary reasonably requires to determine the application, within a reasonable time specified in the notice.

S. 10 substituted by No. 29/2021 s. 12.