The National Health Service (Performers Lists) (England) Regulations 2013

• (ii) a dental practitioner in the dental performers list under regulation 34(1) or (2), or

• (iii) an ophthalmic practitioner in the ophthalmic performers list under regulation 40(1).

• (3) There is no right of appeal under paragraph (1) against a decision of NHS England—

• (a) to refuse to include a Practitioner in the medical performers list where the Practitioner has applied to be included in that list in accordance with regulation 22 and Schedule 1; or

• (b) to remove an emergency registered practitioner from the medical performers list.

• (4) On appeal, the First-tier Tribunal may make any decision which NHS England could have made.

• (5) Where the decision of the First-tier Tribunal on appeal is that the Practitioner's initial inclusion in a performers list is to be subject to conditions, whether or not those conditions are identical with any conditions imposed by NHS England, the Practitioner must notify NHS England within 28 days of the First-tier Tribunal's decision whether the Practitioner wishes to be included in its performers list subject to those conditions.

• (6) Where the First-tier Tribunal decides to impose conditions on the inclusion of a Practitioner in a performers list—

• (a) either NHS England or the Practitioner may apply to the First-tier Tribunal for the conditions to be varied or for different conditions to be imposed;

• (b) NHS England may, after satisfying the requirements of regulation 14(8) to (11), remove the Practitioner from the performers list if it determines that the Practitioner has failed to comply with any such conditions.

• (7) Following an appeal under paragraph (1), the First-tier Tribunal may, following a request from the Practitioner or on its own initiative, review the First-tier Tribunal's earlier decision.

• (8) A request referred to in paragraph (7) may not be made within the period of one year beginning with the date of the First-tier Tribunal's last decision on the appeal. This is subject to paragraph (9).

• (9) When, on making a decision on appeal, the First-tier Tribunal states that it is of the opinion that there is no realistic prospect of a further review being successful if held at the expiry of the one year period referred to in paragraph (8), the reference to “one year” in paragraph (8) is to be treated as a reference to three years.

Notification

18

• (1) Within 7 days of making a decision mentioned in paragraph (2), the persons and bodies referred to in paragraph (3) are to be notified by NHS England of the matters set out in paragraph (4).

• (2) A decision of NHS England referred to in paragraph (1) is a decision to—

• (a) refuse to include a Practitioner in a performers list on the grounds referred to in regulation 7(1), 27(1), 34(1) or (2) or 40(1);

• (b) impose conditions under regulation 10 or 12;

• (c) vary conditions or impose new conditions under regulation 11;

• (d) suspend a Practitioner from a performers list under regulation 12; or

• (e) remove a Practitioner from a performers list under regulation 11(1)(c), 14 (other than 14(1)(c)), 16(2)(c) or (3)(c), 17(6)(b), 28(1), 35(1) or 41(1).

• (3) The persons and bodies referred to in paragraph (1) are—

• (a) the Secretary of State;

• (b) the Scottish Executive;

• (c) the Welsh Ministers;

• (d) the Northern Ireland Executive;

• (e) the relevant body and any other appropriate regulatory body;

• (f) the NHSLA;

• (g) where it is a fraud case, the NHS Counter Fraud Authority;

• (h) persons or bodies that can establish to NHS England’s satisfaction that they are employing or considering employing the Practitioner in a professional capacity; and

• (i) a partnership which provides primary services and can establish that the Practitioner is or was a member of the partnership or that it is considering inviting the Practitioner to become such a member.

• (4) The matters referred to in paragraph (1) are—

• (a) the Practitioner's name, address and date of birth;

• (b) the Practitioner's professional registration number;

• (c) the date of, and a copy of, NHS England’s decision; and

• (d) a contact name of a person in NHS England for further enquiries.

• (5) NHS England must send to the Practitioner a copy of any information about the Practitioner which it provides to the persons and bodies listed in paragraph (3) together with any correspondence with those persons and bodies relating to that information.

• (6) Where NHS England has notified the persons and bodies specified in paragraph (3) of the matters set out in paragraph (4), it is, in addition, if requested by any such person or body, to notify that person or body of any evidence that was considered in making its decision, including any representations from the Practitioner.

• (7) Where a decision of NHS England is changed on review or appeal, or a suspension ends, NHS England is to notify the persons and bodies that were notified of the original decision of the later decision or the fact that that suspension has ended.

Amendment of or withdrawal from performers lists

19

• (1) A Practitioner is to give notice to NHS England of any change requiring amendment to the information recorded about the Practitioner in a performers list and of any change of the Practitioner's residential address, and the notice must be given within 28 days of the change unless it is impracticable for the Practitioner to do so.

• (2) Where a Practitioner intends to withdraw from a performers list the Practitioner is to so notify NHS England, and the notice must be given at least three months in advance of the date from which the Practitioner intends to withdraw unless it is impracticable for the Practitioner to do so.

• (3) On receiving notice from any Practitioner pursuant to paragraph (1), NHS England is to amend the performers list as soon as possible.

• (4) On receiving notice from any Practitioner pursuant to paragraph (2), NHS England is to amend the performers list on—

• (i) the date notified by the Practitioner, provided it falls at least three months after the date of the notice, or

• (ii) an earlier date, if it so agrees.

Restrictions on withdrawal from performers lists

20

• (1) A Practitioner may not withdraw from a performers list where—

• (a) the Practitioner is suspended from a performers list under regulation 12(1)(a) or (b) or regulation 12(1A); or

• (b) NHS England has decided to remove the Practitioner from a performers list under regulation 11(1)(c), 14(3) or (5), 16 or 17(6)(b) but its decision has not yet taken effect.

• (2) Where NHS England has notified a Practitioner of a matter referred to in paragraph (3), the Practitioner may not withdraw from a performers list in which the Practitioner is included until NHS England has finished its consideration of those matters.

• (3) Those matters are that NHS England is considering—

• (a) imposing conditions under regulation 10(1)(b);

• (b) imposing conditions or removing the Practitioner from a performers list under regulation 11;

• (c) suspending the Practitioner from a performers list under regulation 12; or

• (d) removing the Practitioner from the performers list under regulation 14(3) or (5), 16 or 17(6)(b).

• (4) Nothing in this regulation prevents a Practitioner from withdrawing from the performers list in question if the Secretary of State consents.

Disclosure of information

21

• (1) NHS England may disclose information about a Practitioner supplied to it or acquired by it pursuant to these Regulations to any of the following—

• (a) the Secretary of State;

• (b) any equivalent body—

• (i) which has the Practitioner in any of its lists,

• (ii) which is considering an application from the Practitioner for inclusion in any of its lists;

• (c) the Scottish Executive;

• (d) the Welsh Ministers;

• (e) the Northern Ireland Executive;

• (f) the NHSLA;

• (g) the relevant body or any other appropriate regulatory body;

• (h) any organisation or employer which, to the knowledge of NHS England, is employing the Practitioner or using the Practitioner's services in a professional capacity or considering doing so;

• (i) any partnership which provides primary services, of which, to the knowledge of NHS England, the Practitioner is a member, or which is considering inviting the Practitioner to become a member; and

• (j) where an allegation of fraud is being considered, the NHS Counter Fraud Authority.

• (2) NHS England is to disclose to the Secretary of State any information supplied to it or acquired by it pursuant to these Regulations that the Secretary of State may from time to time request.

Emergency registered practitioners

22

This Part applies subject to Schedule 1.

PART 2 — Medical Performers List

Interpretation

23

In this Part—

• “APMS contract” means an arrangement under section 83(2) of the 2006 Act (primary medical services) for the provision of primary medical services, including in circumstances where those contractual arrangements are part of wider contractual arrangements for the provision of NHS services other than integrated care provider contracts;

• “both registers” means the register of medical practitioners and the GP Register;

• “CCT” means Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 (award and withdrawal of a Certificate of Completion of Training) ;

• “contractor” has the meaning given in section 84(5) of the 2006 Act (general medical services contracts) ;

• “Fitness to Practise Panel” means a Fitness to Practise Panel of the General Medical Council;

• “foundation training scheme” means postgraduate medical education and training necessary for the award of a CCT in general practice;

• “general medical practitioner” means a registered medical practitioner—who is a GP Registrar; orwhose name is included in the GP Register;

• “general medical services contract” has the meaning given in section 84(2) of the 2006 Act;

• “GP Registrar” means a registered medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;

• “GP Trainer” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council under section 34I(1)(c) of the Medical Act 1983 (postgraduate medical education and training: approvals) for the purposes of providing training to a GP Registrar;

• “health case” has the meaning given in section 35E(4) of the Medical Act 1983 (provisions supplementary to function of a fitness to practise panel) ;

• “integrated care provider contract” has the meaning given in Schedule 3A to the National Health Service (General Medical Services Contracts) Regulations 2015;

• “Interim Orders Panel” means an interim orders panel of the General Medical Council;

• “licensed medical practitioner” means a medical practitioner who holds a license to practise;

• “primary medical services” means medical services provided under or pursuant to a contract or an agreement to which Part 4 of the 2006 Act (medical services) applies;

• “professional registration number” means, in relation to a medical practitioner, the number against the medical practitioner's name in the register of medical practitioners;

• “relevant scheme” means the scheme in respect of which the general medical practitioner is applying to be included in the medical performers list;

• “scheme” means an arrangement to provide primary medical services—in accordance with section 92 arrangements; orunder a general medical services contract...; and

• “section 92 arrangements” has the meaning given in section 92(8) of the 2006 Act (arrangements for the provision of primary medical services) .

Medical performers list

24

• (1) Subject to paragraphs (1A) to (3), a medical practitioner may not perform any primary medical services unless the medical practitioner is a general medical practitioner included in the medical performers list.

• (1A) A medical practitioner may perform primary medical services when the medical practitioner is not included in the medical performers list if they have a prescribed connection under regulation 10 of the Medical Profession (Responsible Officers) Regulations 2010 (connection between designated bodies and medical practitioners) with a designated body referred to in Part 1 of the Schedule to those Regulations.

• (1B) A medical practitioner who is not included in the medical performers list may administer a vaccine against severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or perform any primary medical service ancillary to the administration of such a vaccine.

Contents of the medical performers list

25

In respect of any medical practitioner included in the medical performers list, the list must include—

• (a) the medical practitioner's full name;

• (b) the medical practitioner's professional registration number;

• (c) the dates of the medical practitioner's first registration in the register of medical practitioners and, if applicable, the GP Register;

• (d) confirmation of whether the medical practitioner is a contractor in relation to a general medical services contract or provides primary medical services under, or pursuant to, section 92 arrangements;

• (e) confirmation of whether the medical practitioner provides primary medical services under, or pursuant to, an APMS contract or an integrated care provider contract;

• (f) confirmation of whether the medical practitioner is a GP Registrar;

• (g) confirmation of whether the medical practitioner is an armed forces GP and, if so, whether the medical practitioner is a Type 1 or a Type 2 armed forces GP;

• (h) confirmation of whether the medical practitioner is registered as an emergency registered practitioner; and

• (i) the date that the medical practitioner was first included in one the following lists—

• (i) the medical performers list,

• (ii) a medical performers list kept by a Primary Care Trust prior to the transfer date, or

• (iii) a medical list, medical supplementary list or services list prior to 1st April 2004,

specifying which list.

Application for inclusion in the medical performers list

26

• (1) In addition to satisfying the requirements of regulation 4, an application by a medical practitioner for inclusion in the medical performers list must satisfy the requirements of this regulation.

• (2) The medical practitioner must , subject to paragraph (7)—

• (a) provide details of the medical practitioner's medical qualifications, details of where they were obtained and evidence of them;

• (b) provide a declaration that the medical practitioner is a licensed medical practitioner whose name is included—

• (i) in the case of a GP Registrar, in the register of medical practitioners, or

• (ii) in any other case, in both registers;

• (c) provide the medical practitioner's professional registration number and dates of first registration—

• (i) in the case of a GP Registrar, in the register of medical practitioners, or

• (ii) in any other case, in both registers;

• (d) in relation to the medical practitioner's professional experience provided under regulation 4(2)(e), separate that information into—

• (i) general practice experience,

• (ii) hospital appointments, and

• (iii) other experience,

with full supporting particulars of that experience;

• (e) if the medical practitioner is a GP Registrar, provide the name and practice address of the medical practitioner's GP Trainer;

• (f) confirm whether the medical practitioner is a contractor under a general medical services contract or provides primary medical services in accordance with section 92 arrangements;

• (fa) confirm whether the medical practitioner provides primary medical services under, or pursuant to, an APMS contract or an integrated care provider contract;

• (g) confirm whether the medical practitioner is a contractor under a general medical services contract or provides primary medical services in accordance with section 92 arrangements for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme; and

• (h) confirm whether the medical practitioner is an armed forces GP and, if so, whether the medical practitioner is a Type 1 or a Type 2 armed forces GP.

• (3) The medical practitioner must give the following undertakings—

• (a) if the medical practitioner is a GP Registrar, unless that medical practitioner has an acquired right under article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010 (persons with acquired rights) —

• (i) not to perform any primary medical services except when acting for and under the supervision of the medical practitioner's GP Trainer,

• (ii) to withdraw from the medical performers list if any of the events listed in paragraph (4) takes place, except in situations where paragraph (5) applies, and

• (iii) to provide NHS England with evidence of the medical practitioner's inclusion in the GP Register within 28 days of the medical practitioner's inclusion in that register;

• (b) if the medical practitioner is a contractor under a general medical services contract, to comply with the requirements of regulation 93 of the National Health Service (General Medical Services Contracts) Regulations 2015; and

• (c) if the medical practitioner is not a contractor under a general medical services contract, to comply with the requirements referred to in sub-paragraph (b) as though the medical practitioner were such a contractor.

• (4) The events to which this paragraph applies are—

• (a) the conclusion of any period of general practice training required by section 34J of the Medical Act 1983 (minimum requirements for general practice training) , unless it forms part of a foundation training scheme which has not yet been completed by the medical practitioner;

• (b) the failure to complete satisfactorily any period of general practice training within the meaning of section 34J of the Medical Act 1983 (minimum requirements for general practice training); and

• (c) the completion of a foundation training scheme.

• (5) A medical practitioner is not required to withdraw from the medical performers list under paragraph (3)(a)(ii) if, in compliance with the undertaking given under paragraph (3)(a)(iii), the medical practitioner provides NHS England with evidence of the medical practitioner's inclusion in the GP Register within 28 days of the medical practitioner's first inclusion in that register.

• (6) The provision of evidence of inclusion in the GP Register in accordance with an undertaking given under paragraph (3)(a)(iii) is to constitute notice for the purposes of regulation 19(1).

• (7) This regulation applies to an application made by a returning practitioner as if paragraph (2)(a), (b) and (d) were omitted.

Additional grounds for refusal

27

• (1) In addition to the grounds in regulation 7(2), NHS England may refuse to include a medical practitioner in the medical performers list if—

• (a) the medical practitioner's registration in the register of medical practitioners is subject to conditions by virtue of an order made by an Interim Orders Panel, a Fitness to Practise Panel or a court under section 41A of the Medical Act 1983 (interim orders) ;

• (b) the medical practitioner's registration in that register is subject to conditions by virtue of a direction of a Fitness to Practise Panel under section 35D of the Medical Act 1983 (functions of a fitness to practise panel) ; or

• (c) the medical practitioner's registration in that register is subject to conditions by virtue of a direction of a Fitness to Practise Panel pursuant to rules made under paragraph 5A(3) of Schedule 4 to the Medical Act 1983 (professional performance assessments) .

• (2) For the purposes of regulation 7(2)(e), the day prescribed in this Part is 3rd November 2003 or, if the medical practitioner concerned had been included in a medical list or a medical supplementary list, 14th December 2001.

Grounds for removal from the medical performers list

28

• (1) In addition to the grounds in regulation 14(1), NHS England must remove a medical practitioner from the medical performers list where it becomes aware that—

• (a) the medical practitioner's name is no longer included in the GP Register;

• (b) the medical practitioner's registration in the register of medical practitioners has been suspended under section 35D(2)(b), (10)(b) or (12), or section 38(1) of the Medical Act 1983 or by virtue of rules made under paragraph 5A(3) of Schedule 4 to that Act;

• (c) the medical practitioner's licence to practice has been withdrawn except where this has been withdrawn as a result of an interim suspension order made under section 41A(1)(a) of the Medical Act 1983; or

• (d) if the medical practitioner is a GP Registrar, the medical practitioner is in breach of an undertaking provided in accordance with regulation 26(3) and has failed to withdraw from the list after NHS England has given the medical practitioner 28 days notice requesting the medical practitioner to do so.

PART 3 — Dental Performers List

Interpretation: general definitions

29

• (1) In this Part—

• “approved trainer” means a dental practitioner—who is included in the dental performers list; andwho has been approved for a specified period, which has not elapsed, by a postgraduate dental dean or director of postgraduate dental education as having the requisite skills and suitable practice facilities to act as a trainer;

• “community dental service” means dental services provided under section 3(1)(c) of the 2006 Act (duties as to certain health services) ;

• “contractor” means—a person within the meaning of “contractor” in section 100(4) of the 2006 Act; ora person providing primary dental services under section 107 arrangements;

• “dental practitioner” means a person who is registered in the dentists register;

• ...

• “health case” means a fitness to practise case in which an allegation is made that a dental practitioner's fitness to practise is impaired by reason of adverse physical or mental health;

• “Interim Orders Committee” means the Interim Orders Committee of the General Dental Council;

• “postgraduate dental dean or director of postgraduate dental education” means a dental practitioner appointed to that position to assist in the provision of a suitable learning environment for dental practitioners performing primary dental services to meet the requirements and standards of the Dental Faculties of the Royal College of Surgeons of England and the Department of Health and Social Care;

• “Practice Committee” has the meaning given in section 2(3) of the Dentists Act 1984 (committees of the Council) ;

• “professional registration number” means, in relation to a dental practitioner, the number against the dental practitioner's name in the dentists register;

• “relevant scheme” means, in relation to a dental practitioner, the scheme in respect of which the dental practitioner is applying to be included in a dental performers list;

• “scheme” means an arrangement to provide primary dental services—in accordance with section 107 arrangements; orunder a general dental services contract within the meaning of section 100(2) of the 2006 Act (general dental services contracts); and

• “section 107 arrangements” has the meaning given in section 107(8) of the 2006 Act (arrangements for the provision of primary dental services) .

Interpretation: foundation training

30

• (1) In this Part, “foundation training” means a relevant period of employment during which a dental practitioner is employed under a contract of service by an NHS body or contractor to provide a wide range of dental care and treatment under the supervision of an approved trainer and to attend such study days as that contract provides, with the aims and objectives of enhancing clinical and administrative competence and promoting high standards through relevant postgraduate training and in particular to—

• (a) enable the dental practitioner to practise and improve the dental practitioner's skills;

• (b) introduce the dental practitioner to all aspects of dental practice in primary care;

• (c) identify the dental practitioner's personal strengths and weaknesses and balance them through a planned programme of training;

• (d) promote oral health of, and quality dental care for, patients;

• (e) develop and implement peer and self review, and promote awareness of the need for professional education, training and audit as a continuing process; and

• (f) enable the dental practitioner to—

• (i) make competent and confident professional decisions including decisions for referrals to other services,

• (ii) demonstrate that the dental practitioner is working within the guidelines regarding the ethics and confidentiality of dental practice,

• (iii) implement regulations and guidelines for the delivery of safe practice,

• (iv) know how to obtain appropriate advice on, and practical experience of, legal and financial aspects of practice, and

• (v) demonstrate that the dental practitioner has acquired skill and knowledge in the psychology of care of patients and can work successfully as a member of a practice team.

• (2) In the definition of “foundation training” in paragraph (1), “relevant period of employment” means—

• (a) a period of full-time employment of at least one year but not exceeding two years;

• (b) an equivalent period of part-time employment; or

• (c) in the case of a dental practitioner who is not exempt under regulation 34(4) from the requirement to undertake foundation training and has not satisfactorily completed foundation training as mentioned in sub-paragraph (a) or (b), but—

• (i) has performed community dental service,

• (ii) has otherwise gained experience of dentistry in primary care as a dental practitioner, or

• (iii) has been employed in a hospital as a dental practitioner,

such period of employment, which may be less than but is to not exceed that in sub-paragraph (a) or such an equivalent period of part-time employment, as a postgraduate dental dean or director of postgraduate dental education determines that dental practitioner must complete in order to have satisfactorily completed foundation training.

• (3) Paragraph 4 applies where a dental practitioner was employed under a contract of service by an NHS body or contractor for a period prior to 25th November 2022 and where the dental practitioner’s work under the contract was supervised by an approved trainer.

• (4) Where this paragraph applies, the dental practitioner is to be treated as having undertaken foundation training during the relevant period if the contract of service made provision for those features of a contract of service set out and particularised in regulation 30(1) immediately prior to 25th November 2022.

Dental performers list

31

• (1) A dental practitioner may not perform any primary dental services unless that dental practitioner is included in the dental performers list.

Contents of the dental performers list

32

In respect of any dental practitioner included in the dental performers list, the list must include—

• (a) the dental practitioner's full name;

• (b) the dental practitioner's professional registration number;

• (c) the date of the dental practitioner's first registration in the dentists register;

• (d) confirmation of whether the dental practitioner is undertaking foundation training;

• (e) confirmation of whether the dental practitioner is a contractor under a general dental services contract;

• (f) confirmation of whether the dental practitioner provides primary dental services in accordance with section 107 arrangements; and

• (g) the date that the dental practitioner was first included in one of the following lists—

• (i) the dental performers list,

• (ii) a dental performers list kept by a Primary Care Trust prior to the transfer date, or

• (iii) a dental list or dental supplementary list,

specifying which list.

Application for inclusion in the dental performers list

33

• (1) In addition to satisfying the requirements of regulation 4, an application by a dental practitioner for the inclusion in the dental performers list must satisfy the requirements of this regulation.

• (2) The dental practitioner must , subject to paragraph (4), provide—

• (a) details of the dental practitioner's dental qualifications, details of where they were obtained and evidence of them;

• (b) unless the dental practitioner is undertaking foundation training, or is exempt under regulation 34(4) from the requirement to undertake foundation training, evidence that the dental practitioner has satisfactorily completed such training;

• (c) a declaration that the dental practitioner is included in the dentists register;

• (d) the dental practitioner's professional registration number and date of first registration;

• (e) if the dental practitioner is undertaking foundation training, the name and practice address of the dental practitioner's approved trainer;

• (f) confirmation of whether the dental practitioner is a contractor under a general dental services contract or provides primary dental services in accordance with section 107 arrangements; and

• (g) confirmation of whether the dental practitioner is a contractor under a general dental services contract or provides primary dental services in accordance with section 107 arrangements for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme.

• (3) The dental practitioner must give the following undertakings—

• (a) if the dental practitioner is undertaking foundation training—

• (i) not to perform any primary dental services except when acting for and under the direction of the dental practitioner's approved trainer,

• (ii) to withdraw from the dental performers list if the dental practitioner fails to complete that training satisfactorily, and

• (iii) upon satisfactory completion of the dental practitioner's foundation training, to provide NHS England with satisfactory evidence of that fact;

• (b) if the dental practitioner is a contractor under a general dental services contract, to comply with the requirements of paragraph 83 of Schedule 3 to the National Health Service (General Dental Services Contracts) Regulations 2005 (gifts) ; and

• (c) if the dental practitioner is not a contractor under a general dental services contract, to comply with the requirements referred to in sub-paragraph (b) as though the dental practitioner were such a contractor.

• (4) This regulation applies to an application made by a returning practitioner as if paragraph (2)(a) and (c) were omitted.

Additional grounds for refusal

34

• (1) In addition to the grounds in regulation 7(2), NHS England may refuse to admit a dental practitioner to the dental performers list if—

• (a) the dental practitioner's registration in the dentists register is subject to conditions by virtue of a direction of a Practice Committee under section 27B (Practice Committees), 27C (resumed hearings) or 28 (restoration to register) of the Dentists Act 1984 ;

• (b) the dental practitioner is subject to an order for immediate conditional registration made by a Practice Committee under section 30 of the Dentists Act 1984 (orders for immediate suspension and immediate conditional registration) ; or

• (c) the dental practitioner is subject to an order for interim conditional registration made by a Practice Committee, Interim Orders Committee or the court under section 32 of the Dentists Act 1984 (interim orders) .

• (2) In addition to the grounds in regulation 7(4), NHS England must also refuse to admit a dental practitioner to the dental performers list if the dental practitioner is not undertaking foundation training and has neither satisfactorily completed foundation training nor is exempt under paragraph (4) from the requirement to undertake foundation training.

• (3) For the purposes of regulation 7(2)(e), the day prescribed in this Part is 3rd March 2003 or, if the dental practitioner concerned had been included in a dental list, 14th December 2001.

• (4) A dental practitioner is exempt from the requirement to undertake foundation training—

• (a) if the dental practitioner is judged, through an assessment by NHS England, to have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training; or

• (b) for a period during which the dental practitioner participates in an induction programme in accordance with paragraphs (5) to (7).

• (5) For the purposes of paragraph (4)(b), where the dental practitioner is judged, through an assessment by NHS England, to have the knowledge and experience necessary to perform primary dental services to a standard that does not prejudice the efficiency of those services, NHS England may specify the requirements for an induction programme which the dental practitioner must participate in.

• (6) The specified requirements of an induction programme must have the aim that, after completing the programme, the dental practitioner is able to satisfy NHS England that they have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.

• (7) Where NHS England specifies the requirements for an induction programme, it must specify a period of no more than two years during which the dental practitioner must participate in the induction programme.

• (8) Regulations 32 (contents of the dental performers list), 33 (application for inclusion in the dental performers list) and 35(1)(b) (grounds for removal from the dental performers list) apply to a dental practitioner participating in an induction programme as if they were a dental practitioner undertaking foundation training.

Grounds for removal from the dental performers list

35

• (1) In addition to the grounds in regulation 14(1), NHS England must remove a dental practitioner from the dental performers list where it becomes aware that—

• (a) the dental practitioner's registration in the dentists register has been suspended under section 27B(6)(b), 27C(2)(d) or (3) of the Dentists Act 1984; or

• (b) the dental practitioner—

• (i) is not exempt under regulation 34(4) from the requirement to undertake foundation training,

• (ii) has failed to complete foundation training satisfactorily, and

• (iii) has not withdrawn from the dental performers list pursuant to regulation 33(3)(a)(ii).

PART 4 — Ophthalmic Performers List

CHAPTER 1 — Interpretation

Interpretation

36

In this Part—

• “the Committee” means the Ophthalmic Qualifications Committee, appointed by such organisations representative of the medical profession as may be recognised by the Secretary of State for the purposes of approving—ophthalmic hospitals, academic degrees, academic or postgraduate courses in ophthalmology, and appointments affording special opportunities for acquiring the necessary skill and experience of the kind required for the provision of primary ophthalmic services; andthe qualifications of medical practitioners for the purposes of primary ophthalmic services;

• “contractor” has the meaning given in section 117(5) of the 2006 Act (general ophthalmic services contracts) ;

• “health case” means a fitness to practise case in which an allegation is made that a Practitioner’s fitness to practise is impaired by reason of adverse physical or mental health;

• “ophthalmic hospital” includes an ophthalmic department of a hospital;

• “ophthalmic medical practitioner” means a registered medical practitioner who has been recognised as an ophthalmic medical practitioner under regulations 43 or 44;

• “ophthalmic practitioner” means either—a registered optometrist, who is not a corporate body; oran ophthalmic medical practitioner;

• “professional registration number” means, in relation to an ophthalmic practitioner, the number against the ophthalmic practitioner's name in the register;

• “register” means—in relation to an optometrist, the register maintained by the General Optical Council under section 7(a) (register of opticians) or 8B(1)(a) (visiting opticians from relevant European States: registers) of the Opticians Act 1989 ;in relation to an ophthalmic medical practitioner, the register of medical practitioners;

• “relevant scheme” means the scheme in respect of which the ophthalmic practitioner is applying to be included in an ophthalmic performers list; and

• “scheme” means an arrangement to provide primary ophthalmic services under a general ophthalmic services contract within the meaning of section 117(2) of the 2006 Act (general ophthalmic services contracts).

CHAPTER 2 — Ophthalmic Performers Lists

Ophthalmic performers list

37

An ophthalmic practitioner may not perform any primary ophthalmic services unless that ophthalmic practitioner is included in the ophthalmic performers list.

Contents of the ophthalmic performers list

38

In respect of any ophthalmic practitioner who is included in the ophthalmic performers list, the list must include—

• (a) the ophthalmic practitioner's full name;

• (b) the ophthalmic practitioner's professional registration number;

• (c) confirmation of whether the ophthalmic practitioner is a contractor under a general ophthalmic services contract;

• (d) if the ophthalmic practitioner is an ophthalmic medical practitioner, confirmation of that fact and the date of the ophthalmic practitioner's approval as an ophthalmic medical practitioner under regulation 43 or 44; and

• (e) the date that the ophthalmic practitioner was first included in one of the following lists—

• (i) the ophthalmic performers list,

• (ii) an ophthalmic performers list kept by a Primary Care Trust prior to the transfer date, or

• (iii) an ophthalmic list or ophthalmic supplementary list,

specifying which list.

Application for inclusion in the ophthalmic performers list

39

• (1) In addition to satisfying the requirements of regulation 4, an application by an ophthalmic practitioner for inclusion in the ophthalmic performers list must satisfy the requirements of this regulation.

• (2) The ophthalmic practitioner must , subject to paragraph (8), provide—

• (a) details of the ophthalmic practitioner's professional qualifications, details of where they were obtained and evidence of them, including, if the practitioner seeks inclusion as an ophthalmic medical practitioner, evidence of the ophthalmic practitioner's approval as an ophthalmic medical practitioner under regulation 43 or 44;

• (b) a declaration that the ophthalmic practitioner is included in the register;

• (c) the ophthalmic practitioner's professional registration number and date of first registration;

• (d) confirmation of whether the ophthalmic practitioner is a contractor under a general ophthalmic services contract; and

• (e) confirmation of whether the ophthalmic practitioner is a contractor under a general ophthalmic services contract for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme.

• (3) The ophthalmic practitioner must give the following undertakings—

• (a) if the ophthalmic practitioner is a contractor under a general ophthalmic services contract, to comply with the requirements of paragraph 52 of Schedule 1 to the General Ophthalmic Services Contracts Regulations 2008 (gifts) ; and

• (b) if the ophthalmic practitioner is not a contractor under a general ophthalmic services contract, to comply with the requirements in sub-paragraph (a) as though the ophthalmic practitioner were such a contractor.

• (4) Any person who is not an optometrist, but expects to become so on successful completion of the necessary training and wishes to be entered on the performers list from the date of that person's entry in the register, may make an application to NHS England not more than 3 months in advance of the date that that person expects to be entered in the register.

• (5) An application under paragraph (4) must, save in respect of the information required by paragraph (2)(b) and (c)—

• (a) contain everything that an application by an ophthalmic practitioner for inclusion in the ophthalmic performers list must contain; and

• (b) be treated as if it were such an application (and, in the application of these Regulations to any such application, a reference to an optometrist or ophthalmic practitioner is to be taken as including a reference to an applicant under paragraph (4)): this sub-paragraph is subject to paragraph (7).

• (6) An applicant under paragraph (4) must provide the information required by paragraph (2)(b) and (c) as soon as that applicant has been notified by the General Optical Council that the applicant has been admitted to the register.

• (7) NHS England must decide an application under paragraph (4) within 7 days of receiving the information under paragraph (6), provided—

• (a) the other requirements of regulation 4 and this regulation have been met;

• (b) it has not sought further information, references or documentation from the applicant under regulation 5(2) or 5(3); and

• (c) it has not deferred the application under regulation 8.

• (8) This regulation applies to an application made by a returning practitioner as if paragraph (2)(a), (b) and (c) were omitted.

Additional grounds for refusal

40

• (1) In addition to the grounds in regulation 7(2), NHS England may refuse to include an ophthalmic practitioner in the ophthalmic performers list if—

• (a) in the case of an ophthalmic medical practitioner, regulation 27(1) applies to that ophthalmic practitioner; or

• (b) in the case of an optometrist, the ophthalmic practitioner's registration in the register is subject to conditions by virtue of a direction of the Fitness to Practise Committee under section 13F (powers of the fitness to practise committee), 13I (power to order immediate suspension etc. after a finding of impairment of fitness to practise) or 13L (interim orders) of the Opticians Act 1989 or the ophthalmic practitioner is the subject of an order imposed by the Fitness to Practise Committee under section 13H (financial penalty order) of that Act .

• (2) For the purposes of regulation 7(2)(e), the date prescribed in this Part is 1st April 2005 or, if the ophthalmic practitioner had been included in an ophthalmic list, 14th December 2001.

Grounds for removal from the ophthalmic performers list

41

• (1) In addition to the grounds in regulation 14(1), NHS England must remove an ophthalmic practitioner from the ophthalmic performers list where it becomes aware that—

• (a) in the case of an ophthalmic medical practitioner, regulation 28(1) applies to the ophthalmic practitioner and paragraph (2) of that regulation does not apply; or

• (b) in the case of an optometrist, the ophthalmic practitioner's registration in the register has been suspended under section 13F(3)(b), (7) or (13)(b) of the Opticians Act 1989.

CHAPTER 3 — Ophthalmic Medical Practitioners

Qualifications of ophthalmic medical practitioners

42

• (1) The prescribed qualifications and experience which a medical practitioner is to possess to be recognised as an ophthalmic medical practitioner are that the medical practitioner (at the date of consideration of that person's application under regulations 4 and 39)—

• (a) has recent and adequate experience;

• (b) has held—

• (i) an appointment in the health service, otherwise than under Part 4 of the National Health Service Act 1946 , Part 2 of the National Health Service Act 1977 or Part IV of the 2006 Act, with the status of consultant ophthalmologist, or

• (ii) an appointment for a period of not less than 2 years of equivalent status as ophthalmic surgeon or assistant ophthalmic surgeon on the staff of an approved ophthalmic hospital; or

• (c) has—

• (i) obtained the Membership of the Royal College of Ophthalmologists, or any approved higher degree or qualification, and

• (ii) held one or more ophthalmic appointments in an approved ophthalmic hospital for a period totalling not less than 2 years, which must include tenure for a period totalling not less than 6 months of a residential appointment or an appointment with duties comparable with those of a residential appointment: this is subject to paragraph (3).

• (2) In this regulation “approved” means approved by the Committee or by the appeal committee on appeal from the Committee under regulation 43 or 44.

• (3) The tenure for 6 months of a residential or comparable appointment referred to in paragraph (1)(c)(ii) is not required in the case of a medical practitioner who has been fully registered for at least 7 years.

Approval of qualifications of ophthalmic medical practitioners

43

• (1) A medical practitioner who wishes to be recognised as an ophthalmic medical practitioner must apply to the Committee for its approval of that person's qualifications and experience and must give to the Committee such particulars of those qualifications and experience as the Committee may require.

• (2) The Committee must consider and determine that applicant's application and within 2 months after the date of the application must inform that applicant of its determination.

• (3) If the Committee is satisfied that the applicant possesses the qualifications and experience prescribed by regulation 42 it must approve the applicant as an ophthalmic medical practitioner.

• (4) Notwithstanding the provisions of regulation 42, a medical practitioner who has the prescribed qualifications for the purposes of providing general ophthalmic services in Scotland under the National Health Service (Scotland) Act 1978 , in Northern Ireland under the Health and Personal Social Services (Northern Ireland) Order 1972 or in Wales under the National Health Service (Wales) Act 2006 must be approved as an ophthalmic medical practitioner.

• (5) For the purposes of paragraph (2) the date of the application is the later of—

• (a) the date on which a completed application with all necessary supporting details is received by the Committee; or

• (b) if the Committee require any further particulars from the applicant, the date on which the Committee receive all the particulars which it requires.

Appeals from the Committee

44

• (1) Any person (“an appellant”) dissatisfied with a determination of the Committee that the appellant is not qualified to be an ophthalmic medical practitioner may, within one month from the date on which the appellant received notice of that determination, or such longer period as the Secretary of State may at any time allow, appeal against the determination by sending to the Secretary of State a notice of appeal stating the facts and contentions on which the appellant relies.

• (2) The Secretary of State must—

• (a) after consultation with such bodies or organisations representing doctors as appear to the Secretary of State to be concerned with the issues relating to qualification as an ophthalmic medical practitioner, appoint an appeal committee of 3 persons to determine the appeal;

• (b) refer the appeal to that appeal committee;

• (c) send a copy of the notice of appeal to the Committee and to such other persons as may appear to the Secretary of State to be interested in the appeal; and

• (d) inform the appellant, the Committee and any such other persons that the appeal has been referred to an appeal committee and of the address to which communications to the appeal committee must be sent.

• (3) The appeal committee may, and if the appellant so requests the Committee must, hold a hearing in connection with an appeal at such time and place as it may direct.

• (4) Notice of the hearing must, not less than 14 days before the date of the hearing, be sent by recorded delivery service to the appellant, the Committee and any other person to whom the Secretary of State has under paragraph (2) sent notice of the appeal.

• (5) If either party wish to appear before an appeal committee that party must give notice of the that fact within one month of being informed that the appeal has been referred to an appeal committee.

• (6) Either party to an appeal is entitled to appear and be heard by counsel or solicitor and—

• (a) the Committee is entitled to appear by a member or by its clerk or other officer duly appointed for the purpose; and

• (b) the appellant is entitled to appear in person, by any member of the appellant's family, by any friend, or by any officer or member of any organisation of which the appellant is a member.

• (7) The procedure of the appeal committee in determining the appeal is to be such as it thinks fair and proper.

This is subject to the preceding provisions of this regulation.

• (8) An appeal committee is to have all the powers of the Committee, including in particular the power of approval, and if satisfied that an appellant possesses the qualifications and experience prescribed by regulation 42, it must give that approval.

• (9) The appeal committee must as soon as practicable notify its determination to the appellant, the Committee, the Secretary of State and any other person to whom the Secretary of State has under paragraph (2) sent notice of the appeal.

PART 5 — Transitional and Savings Provisions and Revocation

Transitional and savings provisions

45

Schedule 2 makes transitional and savings provisions.

Revocation

46

The National Health Service (Performers Lists) Regulations 2004 are revoked.

SCHEDULE 1 — Emergency Registered Practitioners

Disapplication of provisions with regard to emergency registered practitioners

1

• (1) Regulations 7, 26 and 27 do not apply to applications made during a period of emergency for inclusion of an emergency registered practitioner in the medical performers list.

• (2) Regulation 28 does not apply in respect of the removal of an emergency registered practitioner from the medical performers list.

Modification of regulation 4: applications relating to emergency registered practitioners

2

• (1) Regulation 4 applies in respect of an application made during a period of emergency for inclusion of an emergency registered practitioner in the medical performers list as if—

• (a) paragraph (2)(f), (i) and (m);

• (b) paragraph (3)(d), (e) and (f); and

• (c) paragraphs (4) and (5),

were omitted.

• (2) In addition to the information required by regulation 4, as modified by sub-paragraph (1) of this paragraph, the following must be supplied with an application referred to in that sub-paragraph—

• (a) details of the dates when the medical practitioner was previously included in a medical performers list and, where this relates to inclusion in a list prior to the transfer date, details of the Primary Care Trust whose list the Practitioner was included in;

• (b) the medical practitioner's professional registration number; and

• (c) an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) which includes suitability information relating to children and suitability information relating to vulnerable adults under sections 113BA (suitability information relating to children) and 113BB (suitability information relating to adults) of that Act respectively or, if none is supplied with the application, an undertaking—

• (i) if it has not already been applied for, to apply for such a certificate within 7 days, and

• (ii) to provide that certificate to NHS England within 7 days of receiving it.

• (3) NHS England must refuse to include a medical practitioner in the medical performers list pursuant to an application referred to in sub-paragraph (1) if the medical practitioner is not an emergency registered practitioner.

Modification of regulation 5: consideration of applications

3

Regulation 5 applies in respect of an application made during a period of emergency for inclusion of an emergency registered practitioner in the medical performers list as if paragraphs (2) to (4) were omitted.

Modification of regulation 14: removal of emergency registered practitioners

4

• (1) The grounds in regulation 14 for the removal by NHS England of a Practitioner from its performers list apply in respect of the removal of an emergency registered practitioner from its medical performers list as if—

• (a) paragraph (2); and

• (b) paragraphs (5) to (11),

were omitted.

• (2) In addition to the grounds specified in regulation 14(1), NHS England must remove an emergency registered practitioner from the medical performers list where the emergency registered practitioner—

• (a) has not, on request, provided evidence to NHS England that the certificate referred to in paragraph 2(2)(c) has been applied for (despite the undertaking to apply for the certificate); or

• (b) has not provided that certificate to NHS England (despite the undertaking to provide it),

within the period specified in paragraph 2(2)(c).

• (3) NHS England may also remove an emergency registered practitioner from the medical performers list where it considers such removal to be justified, after having checked—

• (a) as far as reasonably practicable, the information provided with the application, in particular any information provided under regulation 4(5) or (7);

• (b) with the NHS Counter Fraud Authority for relevant information relating to past or current fraud investigations involving or relating to the emergency registered practitioner and having considered these and any other facts in its possession relating to fraud involving or relating to the emergency registered practitioner; or

• (c) with the Secretary of State for any relevant information relating to past or current investigations or proceedings involving or relating to the emergency registered practitioner and having considered any other facts in its possession involving or related to the emergency registered practitioner.

• (4) The Authority referred to in sub-paragraph (3)(b) or the Secretary of State must, in response to a request from NHS England, supply to NHS England any information the Authority or the Secretary of State consider relevant for the purposes of sub-paragraph (3)(b) or, as the case may be, (3)(c).

SCHEDULE 2 — Transitional and Savings Provisions

Interpretation

1

In this Schedule, “PCT” means a Primary Care Trust.

Decisions of PCTs

2

A decision of a PCT prior to the transfer date is, as from that date, to be treated as a decision of NHS England.

Allocation of practitioners on previous lists

3

Each Practitioner who was included immediately before the transfer date in a medical, dental or ophthalmic performers list (as the case may be) held by a PCT is, with effect from that date, included in the corresponding list held by NHS England.

Inclusion subject to conditions

4

• (1) This paragraph applies if, immediately before the transfer date, the inclusion of a Practitioner in a PCT's medical, dental or ophthalmic performers list (as the case may be) was subject to conditions imposed by that PCT.

• (2) If the conditions would have continued in force on the transfer date, the inclusion of that Practitioner in the relevant performers list held by NHS England continues to be subject to those conditions as if they had been imposed in the same terms and for the same duration by NHS England pursuant to regulation 10, 11, 12 or 16 and NHS England is to be taken to have had the power to impose those conditions.

Suspended inclusion

5

• (1) This paragraph applies if, immediately before the transfer date, the inclusion of a Practitioner in a PCT's medical, dental or ophthalmic performers list (as the case may be) was suspended by that PCT.

• (2) From the transfer date, the inclusion of that Practitioner in the relevant performers list held by NHS England is to be treated as if it had been suspended on the same terms and for the same duration by NHS England (which is to be taken to have had the power to do so).

Outstanding applications for registration

6

• (1) This paragraph applies to an application made before the transfer date, but not by then determined, for inclusion in a medical, dental or ophthalmic performers list held by a PCT.

• (2) Such an application is to be treated from the transfer date as having been made to NHS England for inclusion in the relevant performers list held by NHS England.

Readmission

7

A Practitioner who has, before the transfer date, been removed from a relevant performers list by the PCT which holds that list and who has not by then been restored to that list, may from that date be included, if the conditions specified in regulation 6 are met (as if the Practitioner had been removed from the list by NHS England), in the corresponding relevant performers list held by NHS England.

Reviews

8

A decision of a PCT before the transfer date to impose or vary conditions on the inclusion of a Practitioner in a performers list or in relation to the suspension of a Practitioner from such a list, may as from that date be reviewed by NHS England under regulation 16 as if NHS England was reviewing a decision of its own under these Regulations.

Appeals

9

• (1) Sub-paragraph (2) applies where a Practitioner has, before the transfer date, appealed to the First-tier Tribunal against a decision of a PCT which has not, by then, been the subject of a decision by way of determination by that Tribunal.

• (2) Any redetermination of a PCT's decision by the First-tier Tribunal on or after the transfer date is to take effect as if it were a redetermination of a decision of NHS England.

• (3) Where there has been a determination by the First-tier Tribunal before the transfer date, NHS England may take any steps under these Regulations which it could have taken if the determination had occurred after that date.

National disqualification

10

Regulations 18A (national disqualification) and 19 (review periods on national disqualification) of the National Health Service (Performers Lists) Regulations 2004 are to continue to apply for the purposes of any appeal or review relating to a national disqualification imposed under those provisions prior to the transfer date.

Signed

Signed by authority of the Secretary of State for Health.

Daniel Poulter — Parliamentary Under-Secretary of State, — 2013-02-25

Explanatory note

(This note is not part of the Regulations)

Footnotes