The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

Effect to be given to corresponding decisions in England, Wales and Northern Ireland

7A

• (1) A Health Board shall not include the name of any person in its primary medical services performers list, and shall remove the name of any person from its primary medical services performers list, if any decision has been made in England, Wales or Northern Ireland to deal with that person in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under section 29B(2), 30(2) or (5) or 32B(1) of the Act, for so long as that decision is in force.

• (2) Where any corresponding decision is made in England, Wales or Northern Ireland by an equivalent body that–

• (a) a person is to be included in an equivalent list subject to conditions; or

• (b) a person is to be removed from an equivalent list contingent on conditions; or

• (c) a person is to be disqualified from an equivalent list subject to conditions; or

• (d) any conditions so imposed are varied,

a Health Board shall impose those conditions in relation to the performance, by that person of primary medical services in the area of the Health Board.

• (3) The Health Board may make such modifications of the conditions referred to in paragraph (2) as it considers necessary for them to have the like effect in relation to Scotland as they do in relation to England, Wales or (as the case may be) Northern Ireland, but only if the Health Board has previously given the person concerned written notice of the proposed modifications and an opportunity to make representations about them.

Suspension

8A

• (1) If a Health Board is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, it may suspend a medical practitioner from its primary medical services performers list in accordance with this regulation—

• (a) while it considers whether to remove that person from its primary medical services performers list under regulation 9 or 10;

• (b) while it waits for a decision affecting that person of a court anywhere in the world, or of a licensing or regulatory body;

• (c) while it considers whether to refer that person to the Tribunal;

• (d) while it awaits a finding by the Tribunal or other equivalent body;

• (e) where it has decided to remove that person from its primary medical services performers list but before that decision takes effect;

• (f) while it awaits a decision on any appeal under regulation 13(1)(b);

• (g) while that person is being considered for listing.

• (2) In paragraph (1)(b), “decision” means the final determination of the relevant proceedings, after any appeal or other review procedure has been exhausted.

• (3) In a case falling within paragraph (1)(a) or (c), the Health Board must specify a period, not exceeding six months, as the period of suspension, and such period may be extended so long as the aggregate period of suspension does not exceed six months.

• (4) In a case falling within paragraph (1)(b), the Health Board may specify that the medical practitioner remains suspended after the decision referred to in that paragraph has been made for an additional period, not exceeding six months and such period may be extended, so long as the aggregate additional period of suspension does not exceed six months.

• (5) If the Health Board suspends a medical practitioner in a case falling within paragraph (1)(e) the suspension has effect from the date the Board informs that person of the suspension.

• (6) A medical practitioner who is suspended by a Health Board is to be treated as not being included in the primary medical services performers list during the period of suspension.

• (7) The Health Board may at any time revoke the suspension and notify the medical practitioner of its decision.

• (8) Except for a case falling within paragraph (1)(e), where a Health Board is considering suspending a medical practitioner or varying the period of suspension under this regulation, it shall give the medical practitioner—

• (a) notice of any allegation against that person;

• (b) notice of what action it is considering and on what grounds; and

• (c) the opportunity to attend a hearing before the Health Board, on a specified day, provided that at least 24 hours’ notice of the hearing is given.

• (9) If the medical practitioner does not wish to have a hearing or does not attend the hearing without a reasonable excuse, the Health Board may suspend that person with immediate effect.

• (10) The Health Board may suspend the medical practitioner with immediate effect following the hearing.

• (11) The Health Board shall notify the medical practitioner of its decision and the reasons for it within 7 days of making that decision.

Removal from primary medical services performers lists

Removal from the primary medical services performers list of medical practitioners not performing primary medical services

Re-inclusion in a primary medical service performers list

Amendment or withdrawal from primary medical services performers lists

Appeal to the Scottish Ministers

Disclosure of information

Payments to suspended medical practitioners

Revocations

5

• (1) An application shall include—

• (a) a Level 2 disclosure application for a PVG Scheme Level 2 disclosure required under regulation 6(3)(d); and

• (b) where required by the Health Board under that regulation, any existing PVG Level 2 disclosure or scheme record the applicant holds.

• (2) For the purposes of this paragraph, “scheme record” means a document disclosed by the Scottish Ministers under section 52 of the 2007 Act which—

• (a) sets out the type of regulated work (with children or adults) in relation to which the individual is a scheme member,

• (b) confirms that the scheme member is not barred from doing that work,

• (c) states if the Scottish Ministers are considering whether to list the scheme member, and

• (d) contains vetting information about the scheme member which the Scottish Ministers discovered as a result of enquiries or arrangements made under section 47 of the 2007 Act.

Effect to be given to corresponding decisions in England, Wales and Northern Ireland

Requirements with which a medical practitioner included in a primary medical services' performers list must comply

Suspension

Removal from primary medical services performers lists

Removal from the primary medical services performers list of medical practitioners not performing primary medical services

Re-inclusion in a primary medical service performers list

Amendment or withdrawal from primary medical services performers lists

Appeal to the Scottish Ministers

Disclosure of information

Payments to suspended medical practitioners

Revocations

Temporary exception under the Coronavirus Act 2020

3A

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Primary Medical Services Performers Lists

Publication of primary medical services performers lists

Application for inclusion in the primary medical services performers list and notification of changes

Decisions and grounds for refusal and deferral

Effect to be given to corresponding decisions in England, Wales and Northern Ireland

Grounds for refusal and deferral under the Coronavirus Act 2020

7B

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Requirements with which a medical practitioner included in a primary medical services' performers list must comply

Suspension

Removal from primary medical services performers lists

Removal from the primary medical services performers list of medical practitioners not performing primary medical services

Re-inclusion in a primary medical service performers list

Amendment or withdrawal from primary medical services performers lists

Appeal to the Scottish Ministers

Disclosure of information

Payments to suspended medical practitioners

Revocations