The National Health Service (Performers Lists) (Wales) Regulations 2004

• (ii) is considering an application for inclusion in any list or equivalent list by the performer,

• (iii) in whose area the performer performers services;

• (c) the Scottish Executive;

• (d) the Secretary of State;

• (e) the Northern Ireland Executive;

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

• (g) the NHSLA; and

• (h) where it is a fraud case, the NHS Counter Fraud and Security Management Service.

• (3) The persons or bodies to be additionally notified in accordance with paragraph (1) are —

• (a) persons or bodies that can establish that they are or were employing the performer, using or have used the performer’s services or are or were considering employing the performer or using the performer’s services in a professional capacity; or

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

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

• (a) the performer’s name, address and date of birth;

• (b) the professional registration number of the performer;

• (c) date and copy of the decision of the Local Health Board; and

• (d) a contact name of a person in the Local Health Board for further enquiries.

• (5) The Local Health Board shall send to the performer concerned a copy of any information about the performer provided to the persons or bodies listed in paragraph (2) or (3), and any correspondence with that person or body relating to that information.

• (6) Where the Local Health Board has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person or body, notify that person or body of any evidence that was considered, including any representations from the performer.

• (7) Where a Local Health Board is notified by the First-tier Tribunal that it has imposed a national disqualification on a performer who was, or had applied to be included, in its performers list, it shall notify the persons or bodies listed in paragraph (2)(b), (g) and (h) and paragraph (3).

• (8) Where a decision is changed on review or appeal, or a suspension lapses, the Local Health Board shall notify the persons or bodies that were notified of the original decision of the later decision or the fact that that suspension has lapsed.

Amendment of or withdrawal from performers list

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• (1) A performer shall, unless it is impracticable for the performer to do so, give notice to the Local Health Board within 28 days of any occurrence requiring a change in the information recorded about the performer in its performers list and of any change of the performer’s private address.

• (2) Where a performer intends to withdraw from a performers list, unless it is impracticable for the performer to do so, the performer shall so notify to the Local Health Board at least three months in advance of that date.

• (3) A performer shall so notify the Local Health Board that the performer intends to withdraw from its relevant performers list if the performer is accepted on to any relevant performers list of another Local Health Board.

• (4) The Local Health Board shall on receiving notice from any performer—

• (a) pursuant to paragraph (1), amend its performers list as soon as possible;

• (b) pursuant to paragraph (2), so amend its performers list, either—

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

• (ii) on the date from which the Local Health Board has agreed that the withdrawal shall take effect,

whichever is the earlier; or

• (c) pursuant to paragraph (3), remove the performer’s name from its performers list as soon as it confirms that that performer has been accepted on that other performers list.

• (5) A performer may withdraw a notice given pursuant to paragraph (1) or (2) at any time before the Local Health Board removes the performer’s name from its performers list.

• (6) A notice given pursuant to paragraph (3) may not be withdrawn once the performer has been accepted on that other list..

Restrictions on withdrawal from performers list

18

• (1) Where a Local Health Board is investigating a performer—

• (a) for the purpose of deciding whether or not to exercise its powers to remove the performer under regulation 10 or contingently remove the performer under regulation 12; or

• (b) who has been suspended under regulation 13(1)(a),

the performer may not withdraw from any list kept by any Local Health Board in which the performer is included, except where the Assembly has given its consent, until the matter has been finally determined by the Local Health Board.

• (2) Where a Local Health Board has decided to remove a performer from its performers list under regulation 10(3) to (6) or to contingently remove the performer from it under regulation 12, but has not yet given effect to its decision, the performer may not withdraw from any list kept by any Local Health Board in which the performer is included, except where the Assembly has given its consent.

• (3) Where a Local Health Board has suspended a performer under regulation 13(1)(b), the performer may not withdraw from any list kept by any Local Health Board in which the performer is included, except where the Assembly has given its consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Local Health Board.

Review periods on national disqualification

19

• (1) If on making a decision to impose a national disqualification, the First-tier Tribunal states that it is of the opinion that the criminal or professional conduct of the performer is such that there is no realistic prospect of a further review being successful if held within the period specified in regulation 18A(8)(a), the reference to “two years” in that provision shall be a reference to five years;

• (2) If on the last review by the First-tier Tribunal of a national disqualification the performer was unsuccessful and 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 within a period of three years beginning with the date of its decision on that review the reference to “one year” in regulation 18A(8)(b) shall be a reference to three years;

• (3) If the First-tier Tribunal states that it is of the opinion that, because a criminal conviction considered by the First-tier Tribunal in reaching the decision that has effect has been quashed or the penalty reduced on appeal, there is a need for an immediate review the reference to “two years” or “one year” in regulation 18A(8) shall be a reference to the period that has already elapsed;

• (4) If the First-tier Tribunal is of the opinion that because the decision of a licensing, regulatory or other body has been quashed or the penalty reduced on appeal, there is a need for an immediate review the reference to “two years” or “one year” in regulation 18A(8) shall be a reference to the period that has already elapsed.

Disclosure of Information

20

• (1) The Local Health Board may disclose information about a performer supplied to it or acquired by it pursuant to these Regulations to any of the following —

• (a) the Assembly;

• (b) any other Local Health Board or equivalent body, which —

• (i) has the performer to whom that information relates on any of its performers lists, or

• (ii) is considering an application from the performer for inclusion on any of its lists, or

• (iii) in whose area the performer performers the services in question;

• (c) the Scottish Executive;

• (d) the Secretary of State;

• (e) the Northern Ireland Executive;

• (f) the NHSLA;

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

• (h) any organisation or employer that, to the knowledge of the Local Health Board, employ the performer use the services of the performer or considering employing the performer or using the services of the performer in a professional capacity;

• (i) any partnership, which provides primary services, of which, to the knowledge of the Local Health Board, the performer is a member or that is considering inviting the performer to become a member; and

• (j) where an allegation of fraud is being considered, the NHS Counter Fraud and Security Management Service.

• (2) The LHB shall disclose to the Assembly information supplied to or acquired by the LHB pursuant to these Regulations as the Assembly may from time to time request.

PART 3 — MEDICAL PERFORMERS LIST

Interpretation

21

• (1) For the purposes of this Part the prescribed description of performer is medical practitioner and the relevant body is the General Medical Council. (2) In this Part —

• “the 2002 Order” means the Medical Act 1983 (Amendment) Order 2002 ;

• ...

• “armed forces GP” means a medical practitioner who— is employed under a contract of service by the Ministry of Defence whether or not as a member of the armed forces; andis entered on the GP Register;

• “contractor” means a general medical practitioner, who both provides and performs primary medical services in accordance with section 28C arrangements or under a general medical services.

• ...

• “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 ...;

• “Fitness to Practise Panel” means a panel constituted pursuant to paragraph 19E of Schedule 1 to the Medical Act ;

• “GP Register” means the register kept by virtue of section 34C of the Medical Act 1983;

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

• “general medical practitioner” means a GP Registrar or a medical practitioner whose name is included in the GP Register;

• “GP Trainer” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;

• “health case” has the meaning ascribed to it by section 35E of the Medical Act ;

• “Health Committee” means the Health Committee of the General Medical Council referred to in section 1(3) of the Medical Act;

• “Medical Act” means the Medical Act 1983 ;

• “Professional Conduct Committee” means the Professional Conduct Committee of the General Medical Council, referred to in section 1(3) of the Medical Act;

• “professional registration number” means the number against the doctor’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 a medical performers list;

• “register of medical practitioners” has the meaning given to it by section 2(2) of the Medical Act;

• “scheme” means an arrangement to provide primary medical services—in accordance with section 28C; orunder a general medical services contract;

• ...

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

Medical performers performers list

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• (1) Subject to paragraphs (2) to (3) a medical practitioner may not perform any primary medical service, unless that medial practitioner is a general medical practitioner and his or her name is included in a medical performers list.

• (2) A medical practitioner who is provisionally registered under section 15, 15A or 21 of the Medical Act , may perform primary medical service when the medical practitioner’s name is not included in a medical performers list, but only whilst acting in the course of employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act ).

• (2A) A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Local Health Board, but only in so far as the performance of those services constitutes part of a programme of post-registration supervised clinical practice approved by the General Medical Council (“a post-registration programme”).

• (2B) A medical practitioner falls within this paragraph if he or she—

• (a) is not a GP Registrar;

• (b) is undertaking a post-registration programme;

• (c) has notified the Local Health Board that he or she will be undertaking part or all of a post-registration programme in its area at least 24 hours before commencing any part of that programme taking place in the Local Health Board’s area; and

• (d) has, with that notification, provided the Local Health Board with evidence sufficient for it to satisfy itself that he or she is undergoing a post-registration programme.

• (3) A GP Registrar, who has applied in accordance with these Regulations to a Local Health Board for inclusion in its medical performers list may perform primary medical services, despite not being included in that performers list, until the first of the following events arises—

• (a) the Local Health Board notifies the GP Registrar of its decision on that application; or

• (b) the end of a period of 3 months, starting with the date on which the GP Registrar’s vocational training scheme begins.

• (4) In respect of any medical practitioner whose name is included in a medical performers list, the performers list shall include —

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

• (b) the medical practitioner’s professional registration number with, suffixed to it, the organisational code given by the National Assembly for Wales to the Local Health Board;

• (c) ... the date of the medical practitioner’s first registration in both registers;

• (d) if the medical practitioner is a contractor, that the medical practitioner is a contractor;

• (e) if the medical practitioner is a GP Registrar, that the medical practitioner is a GP Registrar;

• (f) if the medical practitioner is an armed forces GP, that the medical practitioner is an armed forces GP; and

• (g) the date that the medical practitioner’s name was included in the medical performers list or, if the medical practitioner was included in any medical, supplementary or services list of a Local Health Board, first included in such a list.

Application for inclusion in a medical performers list

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• (1) In addition to the information required by regulation 4(2), the general medical practitioner when making an application for inclusion of the general medical practitioner’s name in a medical performers list shall give the following information —

• (a) the general medical practitioner’s medical qualifications and where they were obtained, with evidence concerning the general medical practitioner’s qualifications and experience;

• (b) ... a declaration that the general medical practitioner is a fully registered general medical practitioner included in both registers;

• (c) the general medical practitioner’s professional registration number and date of first registration in both registers;

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

• (i) general practice experience,

• (ii) hospital appointments, and

• (iii) other experience (including obstetric experience),

with full supporting particulars of that experience;

• (e) if the general medical practitioner is a GP Registrar, the name and practice address of his or her GP Trainer ...;

• (f) whether the general medical practitioner is a contractor;

• (g) if the general medical practitioner is a contractor for more than one scheme and, if so, which schemes and which scheme of those schemes is the relevant scheme; and

• (h) whether the general medical practitioner is an armed forces GP.

• (2) In addition to the undertakings required by regulation 4(3) the general medical practitioner shall give the following further undertakings —

• (a) not to perform any primary medical service in the area of another Local Health Board or equivalent body from whose medical performers list, medical list, services list or supplementary list or equivalent list the general medical practitioner has been removed, except where that removal was at the general medical practitioner’s request or in accordance with regulation 10(6) of these Regulations, regulation 10(6) of the Services List Regulations, regulation 10(7) of the Supplementary List Regulations ... or any equivalent provision in Scotland or England, without the consent, in writing, of that Local Health Board or equivalent body;

• (b) if the general medical practitioner is a GP Registrar, unless the general medical practitioner has an acquired right under article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010, an undertaking -—

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

• (ii) to withdraw from the medical performers list if any of the events listed in paragraph (3) takes place, and

• (iii) to provide the Local Health Board with evidence of their inclusion in the GP Register; and

• (c) if the general medical practitioner is a contractor, to comply with the requirements of paragraph 122 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (gifts) ; and

• (d) if the general medical practitioner is not a contractor, to comply with the requirements of that paragraph as though the general medical practitioner were a contractor.

• (3) 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 unless—

• (i) it forms part of a vocational training scheme which has not yet been concluded; or

• (ii) the general medical practitioner provides the Local Health Board with evidence of their inclusion in the GP Register;

• (b) the failure satisfactorily to complete any period of general practice training within the meaning of that section of that Act; and

• (c) the completion of a vocational training scheme unless the general medical practitioner provides the Local Health Board with evidence of their inclusion in the GP Register.

• (4) If the medical practitioner is an armed forces GP, the medical practitioner shall not be required to give an undertaking pursuant to regulation 4(3)(e) (undertaking to participate in appraisal system).

Additional grounds for refusal

24

• (1) In addition to the grounds in regulation 6(1), a Local Health Board may also refuse to admit a medical practitioner to its medical performers list if —

• (a) having checked the information provided by the doctor under regulation 23(1)(a), (b) and (c), the Local Health Board considers the medical practitioner is unsuitable to be included in its performers list; or

• (b) the medical practitioner’s registration in the register of medical practitioners is subject to conditions imposed, before the coming into force of article 13 of the 2002 Order, pursuant to a direction —

• (i) under section 36(1)(iii) of the Medical Act , of the Professional Conduct Committee,

• (ii) under section 37 of that Act , of the Health Committee,

• (iii) under section 36A of or paragraph 5A(3) of Schedule 4 to that Act , of the Committee on Professional Performance of the General Medical Council referred to in section 1(3) of that Act, or

• (c) the medical practitioner’s registration in the register of medical practitioners is subject to an order, under section 41A of that Act —

• (i) before the coming into force of article 13 of the 2002 Order, of any of those committees or of the Interim Orders Committee of that Council referred to in section 1(3) of that Act,

• (ii) after the coming into force of that article, of a Fitness to Practise Panel or an Interim Orders Panel of that General Medical Council;

• (d) after the coming into force of article 13 of the 2002 Order, the medical practitioner’s registration in that register is subject to conditions imposed by a Fitness to Practise Panel pursuant to section 35D(2)(c) (5)(c), (8)(c ) or (12)(c) of the Medical Act ; or

• (e) after the coming into force of article 14 of the 2002 order, the medical practitioner’s registration in that register is subject to conditions imposed by a Fitness to Practise Panel pursuant to rules made under paragraph 5A of Schedule 4 to the Medical Act .

• (2) In addition to the grounds in regulation 6(2), a Local Health Board shall also refuse to admit a medical practitioner to its medical performers list if —

• (a) the medical practitioner is a contractor and, at the time of his or her application, more of the patients of the relevant scheme reside in the area of another Local Health Board than reside in the area of the Local Health Board in whose performers list the medical practitioner has applied for inclusion;

• (b) the medical practitioner is a contractor and the relevant scheme is not one that lies within its area; or

• (c) the medical practitioner is included in the medical performers list of another Local Health Board, unless the medical practitioner has given notice in writing to that Local Health Board that the medical practitioner wishes to withdraw from that list.

• (3) For the purposes of regulation 6(2)(d), the day prescribed in this Part is 3rd November 2003 or, if that medical practitioner had been included in a medical list or a supplementary performers list, 26th August 2002.

• (4) Regulation 6(2)(a) (intention to work in the Local Health Board’s area) shall not apply in the case of an armed forces GP.

• (5) In addition to checking the information provided by the doctor, as required by regulation 6(3)(a), the Local Health Board shall also check the information the doctor provided under regulation 23.

Requirements with which a doctor in a medical performers list must comply

25

Regulation 9(7) (requirement to participate in appraisal system) shall not apply in the case of an armed forces GP, but in such a case the medical practitioner shall provide the Local Health Board with a copy of the annual appraisal undertaken by the Ministry of Defence or the armed forces, as the case may be.

Grounds for removal from a medical performers list

26

• (1) Subject to paragraph (2) and in addition to the grounds in regulation 10(1), the Local Health Board must remove a medical practitioner from its performers list where it becomes aware that the medical practitioner is —

• (a) the subject of a direction given by the Professional Conduct Committee under section 36(1)(i) or (ii) of the Medical Act (professional misconduct and criminal offences) ,

• (b) the subject of an order or direction made by that Committee under section 38(1) of that Act (order for immediate suspension) ;

• (c) from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), (10)(a) or (b) (functions of a Fitness to Practise Panel) or section 38(1) (powers to order immediate suspension etc) of that Act ;

• (d) from the coming into force of the article 14 of the 2002 Order, the subject of a direction by a Fitness to Practice Panel suspending the medical practitioner pursuant to rules made under paragraph 5A(3) of Schedule 4 of that Act (suspension for failure to comply with reasonable requirements as to assessment);

• (e) included in the medical performers list of another Local Health Board; ...

• (f) if a GP Registrar, in breach of the undertaking provided in accordance with regulation 23(2) and has failed to withdraw from the performers list after the Local Health Board has given the GP Registrar 28 days notice requesting the doctor to do so ; or

• (g) no longer licensed to practise medicine.

• (2) Paragraph (1)(c) shall not apply where a direction that a medical practitioner’s registration is suspended is made in a health case.

• (3) For the purposes of regulation 10(1)(b), the day prescribed in this Part is 3rd November 2003 or, if that medical practitioner had been included in a medical performers list or a supplementary performers list, 26th August 2002.

• (4) Regulation 10(6) (power to remove for non-practice in the area) shall not apply in the case of an armed forces GP.

• (5) In calculating the period of 12 months under regulation 10(7) (periods to be disregarded), the Local Health Board shall disregard any period during which the doctor’s registration or the doctor’s entitlement to practise as such was suspended —

• (a) before the coming into force of article 13 of the 2002 Order by a committee of the General Medical Council pursuant to sections 37 or 41A of the Medical Act;

• (b) after the coming into force of that article, by a Fitness to Practise Panel pursuant to section 41A(1)(a) of that Act; or

• (c) after the coming into force of that article, in a health case.

Additional decision that may be appealed

27

A general medical practitioner may also appeal, under regulation 15, against a decision of the Local Health Board to refuse to include the general practitioner’s name in its medical performers list under regulation 24(1).

SCHEDULE 1 — TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

Interpretation

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Allocation of medical practitioners on previous lists

2

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3

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4

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5

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6

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Applications not decided on 1st April 2004

7

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8

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Matters relating to the medical practitioner

9

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10

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11

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12

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Enhanced criminal record certificates

13

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Appeals to the FHSAA under Part II of the 2001 Rules

14

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15

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Applications to the FHSAA under Part III of the 2001 Rules

16

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General matters relating to cases under Part IV of the 2001 Rules

17

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18

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19

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SCHEDULE 2 — REVOCATIONS

The following Regulations are hereby revoked —

• The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002⁵⁹.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

D. Elis-Thomas — The Presiding Officer of the National Assembly — 2004-03-30

Explanatory note

(This note is not part of the Regulations)

Footnotes

PART 1 — GENERAL

Citation, commencement and application

Medical performers list

Allocation of medical practitioners on previous lists

Applications not decided on 1st April 2004

Matters relating to the medical practitioner

Appeals to the FHSAA under Part II of the 2001 Rules

General matters relating to cases under Part IV of the 2001 Rules

The following Regulations are hereby revoked —

The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 .

Editorial notes