The National Health Service (Performers Lists) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/585 |
| Year | 2004 |
2004 No. 585
NATIONAL HEALTH SERVICE, ENGLAND
The National Health Service (Performers Lists) Regulations 2004
Made 4th March 2004
Laid before Parliament 11th March 2004
Coming into force 1st April 2004
The Secretary of State for Health, in exercise of the powers conferred upon him by sections 28X, and 126(4) of the National Health Service Act 19771and all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and application
1.—(1) These Regulations may be cited as the National Health Service (Performers Lists) Regulations 2004 and shall come into force on 1st April 2004.
(2) These Regulations apply to England only.
PART 1
GENERAL PROVISIONS AS TO PERFORMERS LISTS
Interpretation and modification
2.—(1) In these Regulations—
“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20012;
“Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 20023;
“armed forces” means the United Kingdom Armed Forces of Her Majesty;
“contingent removal” shall be construed in accordance with regulation 12;
“director” means—
(a) a director of a body corporate; or
(b) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);
“employment” means any employment, whether paid or unpaid and whether under a contract for services or a contract of service and “employed” and “employer” shall be construed accordingly;
“equivalent body” means a Local Health Board in Wales, a Health Board or an NHS trust in Scotland, a Health and Social Services Board in Northern Ireland, in relation to any time prior to 1st October 2002 a Health Authority in England or, in relation to any time prior to 1st April 2003, a Health Authority in Wales;
“equivalent list” means a list kept by an equivalent body;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S4;
“fraud case” means a case where a person satisfies the second condition for removal from the performers list, set out in section 49F(3)5or, by virtue of section 49H6, is treated as doing so;
“licensing or regulatory body” means a body that licenses or regulates any profession of which the performer is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;
“list” means a list referred to in section 49N(1)(a) to (c)7, a medical list, a services list or a supplementary list;
“medical list” means the list prepared by a Primary Care Trust under regulation 4 of the Medical Regulations;
“medical performers list” means a list of medical practitioners prepared and published pursuant to regulation 3(1);
“Medical Regulations” means the National Health Service (General Medical Services) Regulations 19928;
“a national disqualification” means a decision—
(a) made by the FHSAA to nationally disqualify a performer under section 49N;
(b) to nationally disqualify a performer under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or
(c) by the Tribunal, which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;
“the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 119;
“the NHS Counter Fraud and Security Management Service” means the service with responsibility for policy and operational matters relating to the prevention, detection and investigation of fraud or corruption and the management of security in the National Health Service, established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 200210;
“notice” means a notice in writing (including electronically) and “notify” shall be construed accordingly;
“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;
“performer” means a health care professional;
“performers list” means a list prepared and published pursuant to regulation 3(1);
“previous list” means a list in which the performer’s name was included prior to his inclusion in the performers list;
“Primary Care Act” means the National Health Service (Primary Care) Act 199711;
“professional conduct” includes matters relating both to professional conduct and professional performance;
“relevant body” means the body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 200212, which regulates the profession of the performer;
“relevant performers list” means the medical performers list;
“relevant Part” means Part 2;
“services list” means a list prepared by a Primary Care Trust under regulation 3 of the Services List Regulations;
“Services List Regulations” means the National Health Service (Personal Medical Services) (Services List) and the (General Medical Services) and (General Medical Services Supplementary List) Amendment Regulations 200313;
“supplementary list” means a list prepared by a Primary Care Trust under regulation 3 of the Supplementary List Regulations;
“Supplementary List Regulations” means the National Health Service (General Medical Services Supplementary List) Regulations 200114;
“suspended”, unless the context otherwise requires, means—
(a) suspended by a Primary Care Trust or equivalent body under section 49I15or 49J16, regulations made under section 43D17or under section 8ZA18of the Primary Care Act, including these Regulations;
(b) in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in or made under sections 28DA19, 43D, 49I, 49J or under section 8ZA of the Primary Care Act,
and shall be treated as including a case where a person is treated as suspended by a Primary Care Trust or, prior to 1st October 2002, a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or, in Wales, by a Local Health Board or, prior to 1st April 2003, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;
“the Tribunal” means the Tribunal constituted under section 4620for England and Wales, and which, except for prescribed cases, had effect in relation to England until 14th December 2001 and in relation to Wales until 26th August 200221; and
all references to sections are to sections of the National Health Service Act 1977, except where specified otherwise.
(2) The provisions of this Part shall have effect subject to any modification or further provision in the relevant Part.
Performers lists
3.—(1) A Primary Care Trust shall prepare and publish a medical performers list in accordance with this Part, as modified or supplemented by the relevant Part.
(2) Performers lists shall be available for public inspection.
Application for inclusion in a performers list
4.—(1) An application by a performer for the inclusion of his name in a performers list shall be made by sending the Primary Care Trust an application in writing, which shall include the information mentioned in paragraph (2), the undertakings, certificate and consents required by paragraphs (3) and (6), any declaration required under paragraph (4) or (5) and any further information, undertakings, consents or declarations required under paragraph (7) or the relevant Part.
(2) The performer shall provide the following information—
(a)
(a) his full name;
(b)
(b) his sex;
(c)
(c) his date of birth;
(d)
(d) his private address and telephone number;
(e)
(e) chronological details of his professional experience (including the starting and finishing dates of each appointment together with an explanation of any gaps between appointments) with any additional supporting particulars, and an explanation of why he was dismissed from any post;
(f)
(f) names and addresses of two referees, who are willing to provide clinical references relating to two recent posts (which may include any current post) as a performer which lasted at least three months without a significant break, and, where this is not possible, a full explanation and the names and addresses of alternative referees;
(g)
(g) whether he has any outstanding application, including a deferred application, to be included in a list or an equivalent list, and if so, particulars of that application;
(h)
(h) details of any list or equivalent list from which he has been removed or contingently removed, or to which he has been refused admission or in which he has been conditionally included, with an explanation as to why;
(i)
(i) if he is the director of any body corporate that is included in any list or equivalent list, or which has an outstanding application (including a deferred application) for inclusion in any list or equivalent list, the name and registered office of that body and details of the Primary Care Trust or equivalent body concerned; and
(j)
(j) where he is, or was in the preceding six months, or was at the time of the originating events, a director of a body corporate, details of any list or equivalent list to which that body has been refused admission, in which it has been conditionally included, from which it has been removed or contingently removed or from which it is currently suspended...
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