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The National Health Service (Performers Lists) (Wales) Regulations 2026

Type Welsh-Statutory-Instrument

Publication 2026-03-03

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(d) the opportunity to put the practitioner’s case at an oral hearing before the Local Health Board, if the practitioner so requests within the 28 day period mentioned in sub-paragraph (c).

(9) After consideration of any representations made under paragraph (8)(c) and any oral hearing held under paragraph (8)(d), the Local Health Board must make its decision and, within 7 days of making that decision, notify the practitioner of—

(a) the decision,

(b) the reasons for it (including any facts relied upon),

(d) the right to a further review under this regulation.

(10) When a Local Health Board notifies a practitioner under paragraph (9)(c), it must—

(a) notify the practitioner that the right of appeal must be exercised within the period of 28 days beginning with the date on which it gave the practitioner notice of its decision, and

(b) inform the practitioner as to how to exercise any such right.

(11) The Local Health Board may not review—

(a) a decision to suspend a practitioner under regulation 14(1)(c) or (d), or (2) (suspension), or

(b) a decision to impose conditions on the inclusion of the practitioner in a performers list whose inclusion in the performers list has been refused under regulation 8(4)(f) or (g) (decisions and grounds for refusal).

Appeals

19

(1) A practitioner may appeal (by way of redetermination) to the First-tier Tribunal against a decision of a Local Health Board mentioned in paragraph (2).

(2) A decision of the Local Health Board 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 8(1);

(b) impose, maintain or vary any conditions under regulation 12, 13 or 18;

(c) remove a practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or paragraph (7)(b) of this regulation;

(d) refuse to include—

(i) a medical practitioner in a medical performers list under regulation 31(1), or

(ii) a dental practitioner in a dental performers list under regulation 39(1) or (2).

(3) There is no right of appeal under paragraph (1) against a decision of the Local Health Board—

(a) to refuse to include a practitioner in a medical performers list where the practitioner has applied to be included in that list in accordance with regulation 25 and Schedule 1, or

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

(4) On appeal the First-tier Tribunal may make any decision which the Local Health Board 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 to any conditions imposed by the Local Health Board, the Local Health Board must ask the practitioner to notify the Local Health Board 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 and the practitioner must so notify the Local Health Board.

(6) If the practitioner notifies the Local Health Board that the practitioner does wish to be included in a performers list subject to the conditions, the Local Health Board must so include the practitioner.

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

(a) the Local Health Board or the practitioner may apply to the First-tier Tribunal for the conditions to be varied or for different conditions to be imposed, and

(b) the Local Health Board may, after satisfying the requirements of regulation 16(8) to (11), remove the practitioner from its performers list if it determines that the practitioner has failed to comply with any such conditions.

(8) 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 in relation to that appeal.

(9) Subject to paragraph (10), a request referred to in paragraph (8) may not be made within the period of 1 year beginning with the date of the First-tier Tribunal’s last decision on the appeal.

(10) 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 1 year period referred to in paragraph (9), the reference to “1 year” in paragraph (9) is to be treated as a reference to 3 years.

National Disqualification

20

Where the First-tier Tribunal imposes a national disqualification from a performers list on a practitioner under section 115 of the 2006 Act[^f00045]—

(a) the reference in section 115(8)(a) of that Act to a period of 2 years is to be treated as a reference to a period of 5 years if the First-tier 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 2 years;

(b) the reference in section 115(8)(b) of the Act to a period of 1 year is to be treated as a reference to a period of 3 years if the First-tier 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 1 year;

(c) the references in section 115(8)(a) and (b) of the Act to periods of 2 years and 1 year are each to be treated as references to a period of 1 day, if—

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

Notification

21

(1) Within 7 days of making a decision mentioned in paragraph (2), the Local Health Board must notify the persons and bodies referred to in paragraph (3) of the matters set out in paragraph (4).

(2) A decision of the Local Health Board referred to in paragraph (1) is a decision to—

(a) refuse to include a practitioner in its performers list on the grounds referred to in regulation 8(1), 31(1) or 39(1),

(b) impose conditions under regulation 12 or 14,

(d) suspend a practitioner from a performers list under regulation 14, or

(e) remove a practitioner from a performers list under regulation 13(1)(c), 16 (other than 16(1)(d)), 18(3)(c), (4)(c) or (5)(c), 19(7)(b), 32(1) or 40(1).

(3) The persons and bodies referred to in paragraphs (1), (5), (7), (8) and (9) are—

(a) the Welsh Ministers,

(b) any other Local Health Board or equivalent body, to the knowledge of the notifying Local Health Board—

(i) that has the practitioner in any list,

(ii) that is considering an application by the practitioner for inclusion in any list, or

(iii) in whose area the practitioner performs services,

(d) the Secretary of State,

(e) the Northern Ireland Executive,

(f) the relevant body and any other appropriate regulatory body,

(g) NHS Resolution,

(h) where it is a fraud case, the NHS Counter Fraud Authority,

(i) persons or bodies that can confirm to the Local Health Board’s satisfaction that they are employing or considering employing the practitioner in a professional capacity, and

(j) 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,

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

(5) Where a practitioner withdraws an application for inclusion in a performers list and paragraph (6) applies, the Local Health Board must notify the persons and bodies referred to in paragraph (3) within 7 days.

(6) This paragraph applies where a practitioner withdraws an application for inclusion in a performers list and the Local Health Board has reason to believe that the withdrawal was made to avoid a decision to refuse inclusion in a list under regulations 8, 31 or 39.

(7) The Local Health Board 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.

(8) Where the Local Health Board has notified the persons and bodies specified in paragraph (3) of the matters set out in paragraph (4), it must, in addition, if requested by any such person or body, notify that person or body of any evidence that was considered in making its decision, including any representations from the practitioner.

(9) Where a decision of the Local Health Board is changed on review or appeal, or a suspension ends, the Local Health Board must 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 a performers list

22

(1) A practitioner must give notice to the Local Health Board 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.

(2) Notice under paragraph (1) must be given within 28 days of the change unless it is impracticable for the practitioner to do so.

(3) Where a practitioner intends to withdraw from a performers list, the practitioner must notify the Local Health Board.

(4) Notice under paragraph (3) must be given at least 3 months in advance of the date from which the practitioner intends to withdraw unless it is impracticable for the practitioner to do so.

(5) A practitioner must notify the Local Health Board that the practitioner intends to withdraw from the performers list in which the practitioner is included if the practitioner is accepted in any corresponding performers list of another Local Health Board.

(6) On receiving notice from any practitioner under paragraph (1), the Local Health Board must amend its performers list as soon as possible.

(7) On receiving notice from any practitioner under paragraph (3), the Local Health Board must amend its performers list on—

(a) the date notified by the practitioner, provided it falls at least 3 months after the date of the notice, or

(b) an earlier date, if it so agrees.

(8) On receiving notice from any practitioner under paragraph (5), the Local Health Board must remove the practitioner’s name from the performers list in which the practitioner is included as soon as it confirms that that practitioner has been accepted in that other performers list.

(9) A practitioner may, in writing, withdraw a notice given under paragraph (3) at any time before the Local Health Board removes the practitioner from its performers list.

(10) A notice given under paragraph (5) may not be withdrawn once the practitioner has been accepted in that other performers list.

Restrictions on withdrawal from performers list

23

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

(a) the practitioner is suspended from a performers list under regulation 14(1)(a) or (b) or (2), or

(b) the Local Health Board has decided to remove the practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b) but its decision has not yet taken effect.

(2) Where the Local Health Board 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 the Local Health Board has finished its consideration of those matters.

(3) Those matters referred to in paragraph (2) are that the Local Health Board is considering—

(a) imposing conditions under regulation 12(1)(b),

(b) imposing conditions or removing the practitioner from a performers list under regulation 13,

(d) removing the practitioner from a performers list under regulation 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b).

(4) Nothing in this regulation prevents a practitioner from withdrawing from the performers list in question if the Welsh Ministers consent to that withdrawal.

Disclosure of information

24

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

(a) the Welsh Ministers,

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

(i) which has the practitioner in any of its performers lists,

(ii) which is considering an application from the practitioner for inclusion in any of its lists, or

(iii) in whose area the practitioner performs the services in question,

(d) the Secretary of State,

(e) the Northern Ireland Executive,

(f) NHS Resolution,

(g) the relevant body or any other appropriate regulatory body,

(h) any organisation or employer which, to the knowledge of the Local Health Board, 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 the Local Health Board, 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) The Local Health Board must disclose to the Welsh Ministers any information supplied to it or acquired by it under these Regulations that the Welsh Ministers may from time-to-time request.

Emergency registered practitioners

25

This Part applies subject to Schedule 1 (which provides for the disapplication and modification of specified provisions in relation to emergency registered practitioners).

Part 3 — Medical Performers List

Interpretation

26

(1) In this Part—

“APMS contract” (“contract GMDdA”) means an arrangement under section 41(2)(b) of the 2006 Act (primary medical services) for the provision of primary medical services;

“both registers” (“y ddwy gofrestr”) means the register of medical practitioners and the GP Register;

“contractor” (“contractwr”) has the meaning given in section 42(5) of the 2006 Act (general medical services contracts: introductory);

“foundation training scheme” (“cynllun hyfforddiant sylfaen”) means postgraduate medical education and training necessary for the award of a CCT in general practice;

“general medical services contract” (“contract gwasanaethau meddygol cyffredinol”) means a general medical services contract under section 42 of the 2006 Act (general medical services contracts: introductory);

“Interim Orders Tribunal” (“Tribiwnlys Gorchmynion Interim”) means an interim orders tribunal of the General Medical Council;

“Medical Practitioners Tribunal” (“Tribiwnlys Ymarferwyr Meddygol”) means a Medical Practitioners Tribunal constituted under paragraph 19G of Schedule 1 to the 1983 Act[^f00046];

“relevant scheme” (“cynllun perthnasol”) means the scheme in respect of which the general medical practitioner is applying to be included in a medical performers list;

“scheme” (“cynllun”) means an arrangement to provide primary medical services under a general medical services contract or an APMS contract.

Medical performers list

27

(1) Subject to paragraphs (2) to (4), a medical practitioner may not perform primary medical services unless the medical practitioner is a general medical practitioner included in a medical performers list.

(2) A medical practitioner who is not included in a 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.

(3) A medical practitioner who is provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals etc) or 21 (provisional registration of EEA national etc with certain overseas qualifications) of the 1983 Act[^f00047], may perform primary medical services, when the medical practitioner is not included in a medical performers list, while acting in the course of the medical practitioner’s employment as part of an acceptable programme for provisionally registered doctors within the meaning of section 10A of the 1983 Act (programmes for provisionally registered doctors) in a medical practice which is a recognised practice setting for the purposes of section 44D of that Act (approved practice settings).

(4) A GP Registrar or other medical practitioner may perform primary medical services when not included in a medical performers list in so far as the performance of those services constitutes a part of a programme of postgraduate supervised clinical practice approved by the General Medical Council under section 34I(1)(a) of the 1983 Act[^f00048].

Contents of a medical performers list

28

In respect of any medical practitioner included in a medical performers list, the list must 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 Welsh Ministers to the Local Health Board,

(c) the date 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,

(e) confirmation of whether the medical practitioner provides primary medical services under an APMS 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 armed forces GP 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 of the following lists held by a Local Health Board—

(i) a medical performers list,

(ii) a previous medical performers list, or

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

specifying which list.

Application for inclusion in a medical performers list

29

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

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

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

(b) provide a declaration that the medical practitioner is a 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;

(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 under regulation 4(2)(d), 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;

(g) confirm whether the medical practitioner provides primary medical services under an APMS contract;

(h) confirm whether the medical practitioner is an armed forces GP and, if so, whether the medical practitioner is a Type 1 armed forces GP 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 acquired a right under article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010[^f00049] (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 a 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 the Local Health Board 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 paragraph 132 of Part 12 of Schedule 3 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2023[^f00050] (gifts);

(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;

(d) not to perform any primary medical services in the area of another Local Health Board from whose medical performers list or medical list the medical practitioner has been removed, except where that removal was at the medical practitioner’s request or in accordance with regulation 16(5) of these Regulations or regulation 7(2) of the National Health Service (General Medical Services) Regulations 1992[^f00051], without the consent, in writing, of that Local Health Board.

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

(a) the conclusion of any period of general practice training approved by the General Medical Council under section 34I(1)(a) of the 1983 Act (postgraduate medical education and training: general functions) 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 approved by the General Medical Council under section 34I(1)(a) of 1983 Act (postgraduate medical education and training: general functions), and

(5) A medical practitioner is not required to withdraw from a medical performers list under paragraph (3)(a)(ii) if, in compliance with the undertaking given under paragraph (3)(a)(iii), the medical practitioner provides the Local Health Board 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 22(1).

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

Application for inclusion in a medical performers list by a medical practitioner already listed in a medical performers list or an equivalent performers list

30

(1) In addition to providing the information required by regulation 5(2), the medical practitioner when making an application for inclusion of the medical practitioner’s name in a medical performers list whilst that medical practitioner is included in a medical performers list or equivalent performers list must give the information required by paragraph 2(b), (c), (f), (g) and (h) of regulation 29.

(2) The medical practitioner must provide the information as required by paragraph (2)(a) and (d) of regulation 29 unless paragraph (6) applies, in which case the medical practitioner may instead give their consent under that paragraph.

(3) In addition to the undertakings required by regulation 5(3), the medical practitioner must give the further undertakings as required by paragraph (3) of regulation 29.

(4) If the medical practitioner is a Type 1 armed forces GP included in a list held by a primary care organisation, the medical practitioner is not required to give an undertaking as required by regulation 4(3) as further specified in regulation 4(4).

(5) A medical practitioner may not withdraw an application made under this regulation whilst a Local Health Board is deciding that application.

(6) Where the medical practitioner is already listed in the performers list of a Local Health Board, instead of providing the information required by paragraph (2), the medical practitioner may consent to the release of that information by the Local Health Board the practitioner is currently listed with to the Local Health Board to which the application is being made under this regulation.

Additional grounds for refusal

31

(1) In addition to the grounds in regulation 8(2), a Local Health Board may refuse to include a medical practitioner in its 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 Tribunal, a Medical Practitioners Tribunal or a court under section 41A of the 1983 Act[^f00052] (interim orders),

(b) the medical practitioner’s registration in that register is subject to conditions by virtue of a direction of a Medical Practitioners Tribunal under section 35D(2)(c), (5)(c), (8)(c) or (12) of the 1983 Act[^f00053] (functions of a Medical Practitioners Tribunal), or

(c) the medical practitioner’s registration in that register is subject to conditions by virtue of a direction of a Medical Practitioners Tribunal pursuant to rules made under paragraphs 5A(3D) and 5C(4) of Schedule 4 to the 1983 Act[^f00054] (professional performance assessments).

(2) In addition to the grounds in regulation 8(4), a Local Health Board must also refuse to include a medical practitioner in its medical performers list if—

(a) the medical practitioner is a contractor and, at the time of the medical practitioner’s 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 8(2)(e), the date prescribed in this Part is 3 November 2003 or, if the medical practitioner concerned had been included in a medical list or a supplementary list, 26 August 2002.

Grounds for removal from a medical performers list

32

(1) In addition to the grounds in regulation 16(1), the Local Health Board must remove a medical practitioner from its 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), section 38(1), or paragraph 5A(3D) of Schedule 4 of the 1983 Act[^f00055], unless paragraph (2) applies,

(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 1983 Act[^f00056],

(d) if the medical practitioner is a GP Registrar, the medical practitioner is in breach of an undertaking provided in accordance with regulation 29(3) and has failed to withdraw from the list after the Local Health Board has given the medical practitioner 28 days’ notice requesting the medical practitioner to do so, or

(e) the medical practitioner is included in the medical performers list of another Local Health Board.

(2) Paragraph (1)(b) does not apply where a direction that a medical practitioner’s registration be suspended is made in a health case.

(3) For the purposes of regulation 16(3)(a), the date prescribed in this Part is 3 November 2003 or, if the medical practitioner had been included in a medical list or a supplementary list, 26 August 2002.

(4) In calculating the period of 12 months under regulation 16(7), the Local Health Board must disregard any period during which a medical practitioner’s registration in the register of medical practitioners was suspended.

(5) In this regulation, “health case” has the meaning given in section 35E(4) of the 1983 Act[^f00057].

Part 4 — Dental Performers Lists

Interpretation

33

In this Part—

“approved trainer” (“hyfforddwr cymeradwy”) means a dental practitioner— who is included in a dental performers list, and who has been approved for a specified period, which has not elapsed, by HEIW as having the requisite skills and suitable practice facilities to act as a trainer;

“community dental service” (“gwasanaeth deintyddol cymunedol”) means dental services provided under— section 3(1)(c) of the 2006 Act; in England, section 3(1)(d) of the National Health Service Act 2006[^f00058]; in Scotland, sections 1 and 39(2) of the National Health Service (Scotland) Act 1978[^f00059]; in Northern Ireland, articles 5(1)(c) and 9(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972[^f00060];

“contractor” (“contractwr”) means— a person within the meaning of “contractor” in section 57(4) of the 2006 Act, or a person providing primary dental services under section 64 arrangements;

“HEIW” (“AaGIC”) means Health Education and Improvement Wales, the Special Health Authority established by article 2 of the Health Education and Improvement Wales (Establishment and Constitution) Order 2017[^f00061];

“Interim Orders Committee” (“Pwyllgor Gorchmynion Interim”) means the Interim Orders Committee of the General Dental Council;

“NWSSP Committee” (“Pwyllgor PCGC”) means NHS Wales Shared Services Partnership, established by the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012[^f00062];

“personal dental services” (“gwasanaethau deintyddol personol”) means personal dental services provided under Part 1 of the National Health Service (Primary Care) Act 1997[^f00063] (pilot schemes for primary care);

“Practice Committee” (“Pwyllgor Ymarfer”) has the meaning given in section 2(3) of the Dentists Act 1984[^f00064] (Committees of the Council);

“relevant scheme” (“cynllun perthnasol”) 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” (“cynllun”) means an arrangement to provide primary dental services— under a general dental services contract within the meaning of section 57(2) of the 2006 Act (general dental services contracts), or in accordance with section 64 arrangements;

“section 64 arrangements” (“trefniadau adran 64”) has the meaning given in section 64(7) of the 2006 Act (arrangements for the provision of primary dental services);

“Velindre University NHS Trust” (“Ymddiriedolaeth GIG Prifysgol Felindre”) means the NHS trust established by article 2 of the Velindre National Health Service Trust (Establishment) Order 1993[^f00065].

Interpretation: foundation training

34

(1) In this Part, “foundation training” means a relevant period of employment during which a dental practitioner—

(a) is employed under a contract of service by Velindre University NHS Trust under the direction of the NWSSP Committee, and

(b) attends the practice of an approved trainer who has agreed with HEIW to supervise the provision by the dental practitioner of an appropriate range of dental care and treatment and for the dental practitioner 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—

(i) enable the dental practitioner to practise and improve the practitioner’s skills,

(ii) introduce the dental practitioner to dental practice in primary care,

(iii) identify the dental practitioner’s personal strengths and weaknesses and balance them through a planned programme of training,

(iv) promote oral health of, and quality dental care for, patients,

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

(vi) enable the dental practitioner to—

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

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

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

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

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

(ff) demonstrate that the practitioner has completed foundation training to a satisfactory level.

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

(a) a period of full-time employment normally of one year and not more than 2 years, to demonstrate satisfactory completion of foundation training,

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

(c) in the case of a dental practitioner who is neither exempt under regulation 39(4) from the requirement to undertake foundation training, nor has satisfactorily completed foundation training as in sub-paragraph (a) or (b), but—

(i) has performed community dental service,

(ii) has performed personal dental services prior to 1 April 2006,

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

(iv) has been employed in a hospital as a dental practitioner, or

(v) holds or is enrolled on a course to achieve a postgraduate qualification in dentistry registerable with the General Dental Council as an additional diploma by virtue of regulations made under section 19(1)(c) of the Dentists Act 1984[^f00066] (regulations with respect to the register),

such period of employment, which may be less than, but will not exceed that in sub-paragraph (a) or an equivalent period of part-time employment, as HEIW may determine that the dental practitioner must complete in order to have satisfactorily completed foundation training.

Dental performers list

35

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

(2) Paragraph (1) does not apply to a dental practitioner, who is undertaking foundation training, during the first 3 months of that training.

Contents of a dental performers list

36

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

(a) the dental practitioner’s full name,

(b) the dental practitioner’s professional registration number,

(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 64 arrangements; and

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

(i) a dental performers list,

(ii) a previous dental performers list, or

(iii) a dental list or dental supplementary list,

specifying which list.

Application for inclusion in a dental performers list

37

(1) In addition to satisfying the requirements of regulation 4, an application by a dental practitioner for inclusion in a 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 39(4) from the requirement to undertake foundation training, evidence that the dental practitioner has satisfactorily completed such training,

(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 64 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 64 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 in accordance with the terms of the contract of employment for service with Velindre University NHS Trust and for and under the direction of his or her approved trainer,

(ii) to withdraw from a 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 the Local Health Board 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 79 of Schedule 3 to the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026[^f00067] (gifts) or if the dental practitioner provides primary dental services in accordance with section 64 arrangements, to comply with the requirements of paragraph 81 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006[^f00068] (gifts),

(c) if the dental practitioner is not a contractor, to comply with the requirements referred to in sub-paragraph (b) as though the dental practitioner were such a contractor, and

(d) not to perform any primary dental services in the area of another Local Health Board from whose dental performers list, dental list, or equivalent list the dental practitioner has been removed, except where that removal was at the dental practitioner’s request or in accordance with regulation 16(5) of these Regulations or regulation 8(3) of the National Health Service (General Dental Services) Regulations 1992[^f00069], without the consent, in writing, of that Local Health Board.

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

Application for inclusion in a dental performers list by a dental practitioner already listed in a dental performers list or an equivalent performers list

38

(1) In addition to providing the information required by regulation 5(2), the dental practitioner must, when making an application for inclusion of the dental practitioner’s name in a dental performers list whilst that dental practitioner is included in a dental performers list or an equivalent performers list, give the information required by paragraph (1)(b), (c), (d), (e), (f) and (g) of regulation 37.

(2) The dental practitioner must provide the information as required by paragraph (2)(a) of regulation 37 unless paragraph (5) applies, in which case the dental practitioner may instead give their consent under that paragraph.

(3) In addition to the undertakings required by regulation 5(3), the dental practitioner must give the further undertakings as required by paragraph (3) of regulation 37.

(4) A dental practitioner may not withdraw an application made under this regulation whilst a Local Health Board is deciding that application.

(5) Where the dental practitioner is already listed in the performers list of a Local Health Board, instead of providing the information required by paragraph (2), the dental practitioner may consent to the release of that information by the Local Health Board the dental practitioner is listed with to the Local Health Board to which the application is being made under this regulation.

Additional grounds for refusal

39

(1) In addition to the grounds in regulation 8(2), a Local Health Board may refuse to include a dental practitioner in its 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[^f00070],

(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[^f00071] (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[^f00072] (interim orders).

(2) In addition to the grounds in regulation 8(4), a Local Health Board must refuse to include a dental practitioner in a dental performers list if—

(a) the dental practitioner is a contractor and the relevant scheme is not one that lies within its area,

(b) the dental practitioner is included in the dental performers list of another Local Health Board, unless he or she has given notice to the Local Health Board that he or she wishes to withdraw from that list, or

(c) 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 8(2)(e), the date prescribed in this Part is 3 March 2003 or, if the dental practitioner concerned had been included in a dental list, 26 August 2002.

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

(a) if the dental practitioner is judged, through an assessment by a Local Health Board, 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 a Local Health Board, to have the knowledge and experience necessary to perform primary dental services to a standard that does not prejudice the efficiency of those services, a Local Health Board 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 the Local Health Board that they have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.

(7) Where a Local Health Board specifies the requirements for an induction programme, it must specify a period of no more than 2 years during which the dental practitioner must participate in the induction programme.

(8) Regulations 36 (contents of a dental performers list), 37 (application for inclusion in a dental performers list) and 40(1)(b) (grounds for removal from a 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 a dental performers list

40

(1) In addition to the grounds in regulation 16(1), the Local Health Board must remove a dental practitioner from its 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), or 27C(2)(d) or (3) of the Dentists Act 1984[^f00073],

(b) the dental practitioner—

(i) is not exempt under regulation 39(4) from the requirement to undertake foundation training,

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

(iii) has not withdrawn from a dental performers list under regulation 37(3)(a)(ii), or

(2) Paragraph (1)(a) does not apply where a direction that a dental practitioner’s registration in the dentists register be suspended is made in a health case.

(3) For the purposes of regulation 16(3)(a), the prescribed date in this Part is 26 August 2002.

(4) In calculating the period of 12 months under regulation 16(7), the Local Health Board must disregard any period during which the dental practitioner’s registration in the dentists register is suspended.

(5) In this regulation, “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.

Part 5 — Miscellaneous and supplementary

Revocation

41

The 2004 Regulations are revoked subject to the savings provisions in regulation 42(5)(f) and (6).

Transitional and savings provisions

42

(1) Each practitioner who was included immediately before the commencement date in a previous performers list is, with effect from that date, and subject to the provisions of these Regulations, included in the corresponding list under these Regulations, together with all the information relating to that person which was contained in the previous performers list.

(2) Where, immediately before the commencement date, a practitioner’s inclusion in a previous performers list was subject to conditions imposed under the 2004 Regulations, the practitioner’s inclusion in the relevant performers list under paragraph (1) continues to be subject to those conditions from the commencement date as if they had been imposed under these Regulations on the same terms and for the same duration.

(3) Where, immediately before the commencement date, the inclusion of a practitioner in a previous performers list was suspended under the 2004 Regulations, the inclusion of that practitioner in the relevant performers list under paragraph (1) continues to be suspended from the commencement date on the same terms and for the same duration as if the practitioner had been suspended under these Regulations.

(4) Where, immediately before the commencement date, the inclusion of a practitioner in a previous performers list was suspended under the 2004 Regulations, regulation 15 applies to the suspension as if it had been made under these Regulations, subject to the following exceptions—

(a) the requirement in regulation 15(1) to make the application before the end of the period of 90 days beginning with the date on which a decision was made to suspend the practitioner under regulation 14 does not apply, and

(b) regulation 15(5) does not apply.

(5) An application for inclusion in a previous performers list made before the commencement date but not yet determined before that date is treated as if made under these Regulations subject to the following—

(a) the requirement to provide appraisal information at regulation 4(2)(f) does not apply;

(b) the requirement for a practitioner to confirm whether they have been included in a list at regulation 4(2)(h) does not apply;

(d) the requirement at regulation 4(2)(m)(i) for an enhanced criminal record certificate to be dated within 6 months immediately preceding the date upon which the practitioner makes the application does not apply;

(e) the requirement to declare involvement at an inquest at regulation 4(5)(i) does not apply;

(f) regulations 34(2)(c) and, 37(2)(b) apply as if the references in those provisions to regulation 39(4) were references to regulation 31(5) of the 2004 Regulations[^f00074] (exemption from the requirement to undertake foundation training) and regulation 31(5) of the 2004 Regulations is saved for this purpose.

(6) Regulations 34(2)(c), 39(2)(c) and 40(1)(b)(i) of these Regulations apply as if the reference in those provisions to regulation 39(4) of these Regulations were a reference to regulation 31(5) of the 2004 Regulations (exemption from the requirement to undertake foundation training) and regulation 31(5) of the 2004 Regulations is saved for this purpose in the following cases—

(a) where a dental practitioner is included in a performers list by virtue of paragraph (1), and

(b) where a dental practitioner made an application for inclusion in a previous dental performers list before the commencement date but the application has not been determined before that date.

(7) A practitioner who was removed from a previous performers list before the commencement date on the grounds that the practitioner had been convicted of a criminal offence, and that conviction is overturned on appeal, and who has not been restored to that list before the commencement date, may be included in the relevant performers list after the commencement date if the conditions in regulation 7 are met.

(8) Any appeal or review which arose under the 2004 Regulations and which has not concluded at the commencement date is to be treated as if it had arisen under these Regulations.

(9) For the purposes of regulations 18 and 19, a decision made by a Local Health Board under the 2004 Regulations is treated as a decision made under the corresponding provisions of these Regulations.

(10) Any other case to which the 2004 Regulations applied immediately before the commencement date, and which has not been concluded before the commencement date, is to be treated as if it had arisen under these Regulations.

(11) In this regulation, “commencement date” means the date on which these Regulations come into force.

Consequential amendments

43

Schedule 2 makes consequential amendments relating to these Regulations.

Schedule 1 — Emergency registered practitioners

Disapplication of provisions with regard to emergency registered practitioners

1

(1) Regulations 8, 29 and 31 do not apply to applications made during a period of emergency for inclusion of an emergency registered practitioner in a medical performers list.

(2) Regulation 32 does not apply in respect of the removal of an emergency registered practitioner from a 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 a medical performers list as if the following were omitted—

(a) paragraph (2)(e), (i) and (m),

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

(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 or an equivalent list,

(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 is dated within 6 months immediately preceding the date upon which the practitioner makes the application under this regulation, and 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 vulnerable 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 the Local Health Board within 7 days of receiving it.

(3) The Local Health Board must refuse to include a medical practitioner in a 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 6: consideration of applications

3

Regulation 6 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 16: removal of emergency registered practitioners

4

(1) The grounds in regulation 16 for the removal by a Local Health Board 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 the following were omitted—

(a) paragraph (2), and

(b) paragraphs (5) to (11).

(2) In addition to the grounds specified in regulation 16(1), the Local Health Board must remove an emergency registered practitioner from the medical performers list where the emergency registered practitioner—

(a) has not, on request, provided evidence to the Local Health Board 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 the Local Health Board (despite the undertaking to provide it)

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

(3) The Local Health Board may 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 Welsh Ministers 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 NHS Counter Fraud Authority or the Welsh Ministers must, in response to a request from the Local Health Board, supply to the Local Health Board any information the NHS Counter Fraud Authority or the Welsh Minsters consider relevant for the purposes of sub-paragraph (3)(b) or, as the case may be, (3)(c).

Schedule 2 — Consequential amendments

National Health Service Pension Scheme Regulations 1995

1

In regulation A2 (interpretation) of the National Health Service Pension Scheme Regulations 1995[^f00075] in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service (Injury Benefits) Regulations 1995

2

In regulation 2(1) (interpretation) of the National Health Service (Injury Benefits) Regulations 1995[^f00076] in the definition of “medical performers list”, in paragraph (b), for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

Functions of Local Health Boards and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (Wales) Regulations 2006

3

In the table in the Schedule to the Functions of Local Health Boards and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (Wales) Regulations 2006[^f00077], Column 1 is amended as follows—

(a) for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”, and

(b) for the words “regulation 13(17) (suspension)” substitute “regulation 15(2) (suspension)”.

National Health Service Pension Scheme Regulations 2008

4

In regulation 2.A.1(1) (interpretation: general) of the National Health Service Pension Scheme Regulations 2008[^f00078] in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

5

In rule 20(1A) (the application notice) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008[^f00079], omit sub-paragraph (d).

Medical Profession (Responsible Officers) Regulations 2010

6

In regulation 10(1)(b)(ii) (connection between designated bodies and medical practitioners) of the Medical Profession (Responsible Officers) Regulations 2010[^f00080], for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service Pension Scheme Regulations 2015

7

In Schedule 15 (definitions) of the National Health Service Pension Scheme Regulations 2015[^f00081], in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

Registration of Private Dentistry (Wales) Regulations 2017

8

In regulation 3 of the Registration of Private Dentistry (Wales) Regulations 2017[^f00082], in the definition of “dental performers list” for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service (Pharmaceutical Services) (Wales) Regulations 2020

9

In regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020[^f00083], in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service (General Medical Services Contracts) (Wales) Regulations 2023

10

(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023[^f00084] are amended as follows.

(2) In regulation 3(1) (interpretation), in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

(3) In Schedule 3—

(a) in paragraph 61—

(i) in sub-paragraph (3)(d)—

(aa) for “the medical performers list of another primary care organisation” substitute “a medical performers list or an equivalent performers list”, and

(bb) for “regulation 4A of the National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “regulation 5 of the National Health Service (Performers Lists) (Wales) Regulations 2026”, and

(ii) after sub-paragraph (3) insert—

(4) In this paragraph “equivalent performers list” has the meaning given in regulation 2 of the National Health Service (Performers Lists) (Wales) Regulations 2026.

, and

(b) in paragraph 65—

(i) in sub-paragraph (4)—

(aa) for “the medical performers list of another primary care organisation” substitute “a medical performers list or an equivalent performers list”, and

(bb) for “regulation 4A of the National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “regulation 5 of the National Health Service (Performers Lists) (Wales) Regulations 2026”, and

(ii) in sub-paragraph (5)—

(aa) for ““primary care organisation” has the meaning” substitute ““equivalent performers list” and “primary care organisation” have the meanings”, and

(bb) for “regulation 2 of the National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “regulation 2 of the National Health Service (Performers Lists) (Wales) Regulations 2026”.

Signed

Jeremy Miles — Cabinet Secretary for Health and Social Care, one of the Welsh Ministers — 3 March 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations revoke and replace the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) (the “2004 Regulations”).

The Regulations provide for lists of persons performing primary medical services and primary dental services to be kept by Local Health Boards in accordance with sections 49, 63, 115(9) and 203(9) and (10) of the National Health Service (Wales) Act 2006 (c. 42).

Part 1 (regulations 1 and 2) contains general provisions and provides some definitions for the Regulations.

Part 2 (regulations 3 to 25) contains general provisions relating to performers lists.

The Regulations require a Local Health Board to prepare, maintain, publish and make available for public inspection, a medical performers list and a dental performers list. They set out how a practitioner can apply for inclusion in a performers list and how applications are to be considered and determined by Local Health Boards.

The Regulations set out requirements with which a practitioner listed in a performers list must comply, and for a practitioner’s inclusion in a performers list to be subject to conditions in certain prescribed circumstances. They set out when a Local Health Board may or must suspend or remove a practitioner from its performers list. They set out arrangements for the review and appeal of a Local Health Board’s decision under the Regulations.

The Regulations make provision for withdrawal from performers lists, for the disclosure of information by a Local Health Board to specified persons, and for a Local Health Board to notify specified persons of certain decisions and events.

In addition, there is provision for the inclusion of emergency registered practitioners in performers lists.

Part 3 (regulations 26 to 32) contains further provisions about medical performers.

The Regulations require, subject to specified exceptions, that a medical practitioner must be a general medical practitioner and must be included in a medical performers list to perform primary medical services.

There is provision for supplementary information to be provided in an application for inclusion in a medical performers list. There are additional grounds for refusal of an application and for removal from a medical performers list. Part 4 (regulations 33 to 40) contains further provisions about dental performers lists.

The Regulations require, subject to a specified exception, that dental practitioners must be included in a dental performers list to provide primary dental services.

There is provision for supplementary information to be provided in an application for inclusion in a dental performers list.

There are additional grounds for the refusal of an application and for removal from a dental performers list

Part 5 (regulations 41 to 43) revokes the 2004 Regulations and makes transitional, savings and consequential provisions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.

Footnotes

[^f00001]: 2006 c. 42.

[^f00002]: 1983 c. 54.

[^f00003]: S.I. 2004/1020 (W. 117), as amended by S.I. 2005/258 (W. 24), S.I. 2006/358 (W. 46), S.I. 2006/945 (W. 94), S.I. 2008/1425 (W. 147), S.I. 2010/22, S.I. 2013/235, S.I. 2016/101 (W. 49), S.I. 2023/953 (W. 155) and S.I. 2023/1421 (W. 115).

[^f00004]: 2006 c. 52.

[^f00005]: Section 34L was inserted by S.I. 2010/234 and amended by S.I. 2019/593.

[^f00006]: S.I. 1992/661. These Regulations have been revoked in relation to Wales by S.I. 2006/946 (W. 95), article 45, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists. By virtue of regulation 2(1A) of S.I. 1992/661, the reference to “FHSA” at regulation 4(1) of S.I. 1992/661 has effect, in relation to Wales, as a reference to a Local Health Board.

[^f00007]: 1984 c. 24. Section 14(1) was substituted by S.I. 2005/2011, articles 2(1) and 6, and amended by S.I. 2007/3101, regulations 109 and 111, and by S.I. 2019/593, regulation 4(1) and paragraphs 2, and 4(a) and (c) of Schedule 3.

[^f00008]: 2012 c. 9.

[^f00009]: Section 18A was inserted by S.I. 2008/1774, article 2(1), Schedule 1, paragraph 10.

[^f00010]: Section 35C(2) was amended by S.I. 2014/1101, Part 3, article 6(2).

[^f00011]: 2007 c. 15.

[^f00012]: Section 34C was inserted by S.I. 2010/234.

[^f00013]: Section 34I was inserted by S.I. 2010/234.

[^f00014]: Section 115(1) was amended by S.I. 2010/22, Schedule 2, paragraph 139(a).

[^f00015]: S.I. 1992/635. These Regulations have been revoked in relation to Wales by S.I. 2004/1016 (W. 113), article 96, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

[^f00016]: Section 115 was amended by the Health and Social Care Act 2012 (c. 7), paragraph 31(2) of Schedule 2, the Health and Care Act 2022 (c. 31), paragraph 1 of Schedule 1 and S.I. 2010/22.

[^f00017]: S.I. 2005/2414, amended by S.I. 2006/632, S.I. 2007/1201, S.I. 2013/235, S.I. 2015/1862, S.I. 2017/959, S.I. 2018/378, S.I. 2019/776 and S.I. 2023/1071.

[^f00018]: S.I. 2017/958, amended by the Health and Care Act 2022 (c. 31), section 86(2)(a) and (b), S.I. 2018/378, S.I. 2024/418, and S.I. 2024/1205.

[^f00019]: S.I. 1995/2800, amended by S.I. 2005/1445, S.I. 2013/295, S.I. 2014/3090, S.I. 2017/150, S.I. 2022/634, S.I. 2023/98, S.I. 2023/1071 and S.I. 2023/368.

[^f00020]: 2004 c. 36, to which there are amendments not relevant to these Regulations.

[^f00021]: S.I. 2004/1020 (W. 117). Regulation 3(1) was amended by S.I. 2006/945 (W. 94).

[^f00022]: Part 5 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraphs 12, 28 and 29(1), (2) and (3) of Schedule 21, the Crime and Courts Act 2013 (c. 22), section 17(5) and paragraph 52(1)(b) and (2) of Schedule 9, the Health and Care Act 2022 (c. 31), section 22, paragraph 56(1), (2) and (3) of Schedule 3 and paragraphs 12 and 29(1) and (2) of Schedule 21. Section 64 of Part 5 of the 2006 Act was modified, in relation to former functions of Health Authorities ceasing to be exercisable by Local Health Boards, by the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 4 and paragraph 15(b) of Schedule 2.

[^f00023]: Part 4 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraphs 12, 26 and 27(1), (2) and (3) of Schedule 21 and S.I. 2019/777, regulation 4(1) and (2) and the Crime and Courts Act 2013 (c. 22), section 17(5) and paragraph 52(1)(b) and (2) of Schedule 9 and the Health and Care Act 2022 (c. 31), section 22, paragraph 55(1), (2) and (3) of Schedule 3. Section 50 of Part 4 of the 2006 Act was modified, in relation to former functions of Health Authorities ceasing to be exercisable by Local Health Boards, by the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 4 and paragraph 15(a) of Schedule 2.

[^f00024]: Section 2(2) was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2008/1774 and S.I. 2019/593.

[^f00025]: 2002 (c. 17). Section 25(3) was amended by the Health and Social Care Act 2008 (c. 14), section 127 and paragraph 17 of Schedule 10, the Health and Social Care Act 2012 (c. 7), section 230 and paragraph 56(b) of Schedule 15(2), the Children and Social Work Act 2017 (c. 16), section 56 and paragraph 2(2) of Schedule 4, and S.I. 2010/231.

[^f00026]: S.I. 2003/2644. These Regulations were revoked by S.I. 2004/585, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

[^f00027]: Section 22 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraph 18 of Schedule 21. Section 206 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraph 38(1)(b) of Schedule 21; there are other amending instruments but none are relevant to these Regulations.

[^f00028]: S.I. 2002/1882 (W. 191). These Regulations were revoked by S.I. 2004/1020 (W. 117), Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

[^f00029]: 1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), Part 5, section 163(2) and amended by the Armed Forces Act 2006 (c. 52), section 378(1) and Schedule 16, paragraph 149, the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63(1), and Schedule 9, paragraph 14(1) and (3), the Policing and Crime Act 2009 (c. 26), sections 97(2) and 112(2) and Schedule 8, Part 8, the Protection of Freedoms Act 2012 (c. 9), sections 79(2)(b), 80(1), 82(1), (2) and (3), 115(1) and (2), Schedule 9, Part 6, paragraphs 35, 37, Schedule 10, Part 6, the Crime and Courts Act 2013 (c. 22), section 15(3) and Schedule 8, paragraphs 55 and 60, the Armed Forces Act 2021 (c. 35), section 12(5) and Schedule 5, paragraphs 6 and 10, S.I. 2009/203, S.I. 2010/1146, S.I. 2012/3006 and S.I. 2015/423.

[^f00030]: Sections 113BA and 113BB were inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63(1) and Schedule 9(2), paragraph 14(1) and (4). Section 113BA was amended by the Education and Inspections Act 2006 (c. 40), section 170(2), the Education and Skills Act 2008 (c. 25), section 169, Schedule 1, paragraph 12, and the Protection of Freedoms Act 2012 (c. 9), section 115(1) and (2), Schedule 9, paragraphs 35 and 38 and Schedule 10, Part 5. Section 113BB was amended by the Protection of Freedoms Act 2012 (c. 9), section 115(1) and (2), Schedule 9, paragraphs 35 and 39 and Schedule 10, Part 5.

[^f00031]: 1995 c. 46. Section 302 was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 50(1) and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 70(3).

[^f00032]: Section 302A was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 50(2) and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 70(4).

[^f00033]: 1992 c. 5. Section 115A was amended by the Social Security Administration (Fraud) Act 1997 (c. 47), section 15, the Social Security Fraud Act 2001 (c. 11), section 14, the Welfare Reform Act 2012 (c. 5), sections 105, 113, 114, 115 and paragraph 1 of Schedule 14(1) and S.I. 2015/202.

[^f00034]: Section 246 was amended by the Crime and Punishment (Scotland) Act 1997 (c. 48), paragraph 21(31) of Schedule 1 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), paragraph 26 of Schedule 2(1).

[^f00035]: 2009 c. 25.

[^f00036]: S.I. 1975/1023. Article 2A was inserted by S.I. 2013/1198, articles 2 and 4.

[^f00037]: These Directions were signed on 28 March 2013 and were amended by the National Health Service Litigation Authority (Amendment) Directions 2013, signed on 5 November 2013, the National Health Service Litigation Authority (Amendment) Directions 2015, signed on 9 March 2015, and the National Health Service Litigation Authority (Amendment) Directions 2019, signed on 16 December 2019. These Directions are available from https://www.gov.uk/government/collections/nhs-litigation-authority-directions, or by writing to The Department of Health and Social Care, Resolution and Maternity Branch, 39 Victoria Street, SW1H 0EU.

[^f00038]: 2003 c. 42.

[^f00039]: S.I. 2004/1020 (W. 117). Schedule 1 was revoked by S.I. 2006/945 (W. 94).

[^f00040]: S.I. 2006/945 (W. 94).

[^f00041]: Section 41A was amended by S.I. 2000/1803, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2015/794.

[^f00042]: Section 32 was substituted by S.I. 2005/201 and amended by S.I. 2016/496.

[^f00043]: 1984 c. 22.

[^f00044]: 1952 c. 52, amended by the Sex Discrimination Act 1975 (c. 65), section 18(2), the Offender Management Act 2007 c. 21, section 39 and paragraph 1 of Schedule 5 and S.I. 1963/597.

[^f00045]: Section 115 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraph 31 of Schedule 21, the Health and Care Act 2022 (c. 31), section 1 and paragraph 1 of Schedule 1, and S.I. 2010/22.

[^f00046]: Paragraph 19G of Schedule 1 was inserted by S.I. 2015/794 and amended by S.I. 2024/374.

[^f00047]: Section 15 was substituted by S.I. 2006/1914. Section 15A was inserted by S.I. 2000/3041, and amended by S.I. 2006/1914, S.I. 2007/3101, S.I. 2011/1043 and S.I. 2019/593. Section 21 was substituted by S.I. 2006/1914 and amended by S.I. 2019/593.

[^f00048]: Section 34I(1)(a) was inserted by S.I. 2010/234.

[^f00049]: S.I. 2010/473.

[^f00050]: S.I. 2023/953 (W. 155).

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