(1) NHS England must, as soon as reasonably practicable after receiving an application for inclusion in a performers list, include the Practitioner on that list for the period specified in paragraph (2) if—

(a) the Practitioner is already included in an equivalent list (and is not suspended from inclusion in that list);

(b) the Practitioner’s inclusion in the equivalent list is not subject to any conditions;

(i) has not notified the Practitioner that it is considering removing the Practitioner from that list, imposing conditions, or suspending inclusion in that list, or

(ii) if it has so notified the Practitioner, has subsequently notified the Practitioner that it has decided not to remove the Practitioner, impose any conditions, or suspend inclusion, as the case may be; and

(d) the Practitioner has not previously made any other application to NHS England for inclusion in a performers list which NHS England has refused (and that refusal has not been challenged successfully on appeal).

(2) The period referred to in paragraph (1) is—

(a) the period beginning with the date on which NHS England receives the application and ending with the date on which NHS England, after considering the application in accordance with regulation 5 (consideration of applications), notifies the Practitioner that the Practitioner will—

(i) continue to be included in the performers list,

(ii) be removed from the performers list, or

(iii) continue to be included in the performers list subject to conditions; or

(b) if NHS England does not so notify the Practitioner before the end of the period of three months beginning with the date on which NHS England receives the application, that period.

(3) Paragraph (1) and the ending of the Practitioner’s inclusion in a performers list by virtue of paragraph (2)(b) are without prejudice to—

(a) regulation 5;

(b) any decision NHS England may make, after considering the application in accordance with regulation 5, to include the Practitioner in the performers list;

(c) any decision NHS England may make, after considering the application in accordance with regulation 5, refusing to include the Practitioner in the performers list under regulation 7 (decisions and grounds for refusal);

(d) any decision NHS England may make, after considering the application in accordance with regulation 5, imposing conditions on the Practitioner’s inclusion in the performers list under regulation 10 (conditions).

Readmission

Decisions and grounds for refusal

Deferment of decision on application

Requirements with which a Practitioner included in a performers list must comply

Conditions

Failure to comply with conditions

Suspension

Payments during suspension

Removal from a performers list

Criteria for a decision on removal

Reviews

Appeals

Notification

Amendment of or withdrawal from performers lists

Restrictions on withdrawal from performers lists

Disclosure of information

Emergency registered practitioners

Removal of returning practitioner after delayed checks

7A

(1) This regulation applies where NHS England has decided to include a returning practitioner in a performers list.

(2) NHS England must remove the returning practitioner from the performers list at the end of the period of 3 months beginning with the date of the decision to include them in the list, unless NHS England has before the end of that period—

(a) carried out the checks referred to in regulation 5(1)(b) and (c) that would apply to any other Practitioner, and

(b) obtained from the returning practitioner any further information it has sought under regulation 5(2).

(3) NHS England must remove the returning practitioner from the performers list if the checks and information referred to in paragraph (2)—

(a) lead to the disclosure of new information to NHS England, and

(b) if NHS England had received that information before deciding to include the returning practitioner in a performers list, it would have refused to include the returning practitioner in the performers list in accordance with regulation 7 (decisions and grounds for refusal).

Deferment of decision on application

Requirements with which a Practitioner included in a performers list must comply

Conditions

Failure to comply with conditions

Suspension

Payments during suspension

Removal from a performers list

Criteria for a decision on removal

Reviews

Appeals

National disqualification

17A

Where the First-tier Tribunal imposes a national disqualification from a performers list on a Practitioner under section 159 of the National Health Service Act 2006—

(a) the reference in section 159(8)(a) of that Act to a period of two years is to be treated as a reference to a period of five years if the Tribunal is of the opinion that the criminal or professional conduct of the Practitioner is such that there is no realistic prospect of a review being successful if held within that period of two years;

(b) the reference in section 159(8)(b) of the Act to a period of one year is to be treated as a reference to a period of three years if the Tribunal is of the opinion that the criminal or professional conduct of the Practitioner is such that there is no realistic prospect of a further review being successful if held within that period of one year;

(c) the references in section 159(8)(a) and (b) of the Act to periods of two years and one year are each to be treated as references to a period of one day, if—

(i) a criminal conviction considered by the Tribunal in reaching a decision to impose the national disqualification has been quashed or the penalty reduced on appeal; or

(ii) the decision of a licensing, regulatory or other body considered by the Tribunal in reaching a decision to impose the national disqualification has been quashed or the penalty reduced on appeal.

Notification

Amendment of or withdrawal from performers lists

Restrictions on withdrawal from performers lists

Disclosure of information

Emergency registered practitioners

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