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

JurisdictionEngland & Wales
CitationSI 2013/335

2013No. 335

NATIONAL HEALTH SERVICE, ENGLAND

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

25thFebruary2013

27thFebruary2013

1stApril2013

The Secretary of State for Health, in exercise of the powers conferred by sections 91, 106, 123 and 272(7) and (8) of the National Health Service Act 2006( 1), makes the following Regulations.

PART 1

General Provisions as to Performers Lists

Citation, commencement and application

1.-(1) These Regulations may be cited as the National Health Service (Performers Lists) (England) Regulations 2013 and come into force on 1st April 2013.

(2) These Regulations apply to England only.

Interpretation

2. In these Regulations-

"the 2006 Act" means the National Health Service Act 2006;

"armed forces" means the regular forces within the meaning of the Armed Forces Act 2006( 2) or the reserve forces within the meaning of that Act;

"the Board" means the National Health Service Commissioning Board established by section 1H of the 2006 Act (the National Health Service Commissioning Board and its general functions)( 3);

"dental list" means a list prepared by a Primary Care Trust under regulation 4(1) of the National Health Service (General Dental Services) Regulations 1992 (dental list)( 4);

"dental performers list" means, unless the context otherwise requires, the list prepared, maintained and published by the Board pursuant to regulation 3(1)(b);

"dental supplementary list" means a list prepared by a Primary Care Trust under regulation 3 of the National Health Service (General Dental Services Supplementary List) and (General Dental Services) Amendment Regulations 2003 (supplementary list)( 5);

"director of a body corporate" includes a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

"emergency registered practitioner" means a medical practitioner-

(a) who is registered as a registered medical practitioner pursuant to section 18A of the Medical Act 1983 (temporary registration with regard to emergencies involving loss of human life or human illness etc.)( 6);(b) who within the period of five years prior to being so registered, had been included in a medical performers list; and(c) who was subsequently removed from that or another medical performers list-(i) in accordance with regulation 14(5) or regulation 10(6) of the National Health Service (Performers Lists) Regulations 2004 (removal from performers list)( 7), or(ii) on some other ground unconnected with impairment of fitness to practise (for these purposes, impairment is construed in accordance with section 35C(2) of the Medical Act 1983 (functions of the Investigation Committee))( 8);

"employment" means any employment, whether paid or unpaid, and, except in relation to the definition of a Type 1 armed forces GP, includes-

(a) the provision of services under a contract for services; or(b) membership of a partnership,

and "employed" and "employer" are to be construed accordingly;

"equivalent body" means-

(a) in relation to England, prior to 1st October 2002, a Health Authority;(b) in relation to Wales-(i) a Local Health Board, or(ii) prior to 1st April 2003, a Health Authority in Wales;(c) in relation to Northern Ireland-(i) a Health and Social Care Board, or(ii) prior to 1st April 2009, a Health and Social Services Board;(d) in relation to Scotland, a Health Board;

"equivalent list" means any list kept by an equivalent body which serves an equivalent function to a health service list;

"the First-tier Tribunal" means the First-tier Tribunal constituted under section 3(1) of the Tribunal, Courts and Enforcement Act 2007 (the First-tier tribunal)( 9);

"GP Register" means the register kept by virtue of section 34C of the Medical Act 1983 (the general practitioner register)( 10);

"health service list" means-

(a) a list referred to in section 159(1) of the 2006 Act (national disqualification)( 11), including that section as enacted immediately before the transfer date;(b) a dental list, an ophthalmic list, or a medical list;(c) a medical supplementary list, a dental supplementary list or an ophthalmic supplementary list; or(d) a services list;

"holder of a list" means the body which keeps a list;

"indemnity arrangement" means an arrangement which may comprise-

(a) a policy of insurance;(b) an arrangement made for the purposes of indemnifying a person; or(c) a combination of a policy of insurance and an arrangement made for the purposes of indemnifying a person;

"investigation" means, in relation to a Practitioner or a body corporate of which the Practitioner is or has been a director, unless the context otherwise requires, an investigation into the conduct of the Practitioner or body corporate which could result in a finding relevant to the suitability of the Practitioner to be included in a list;

"list" means, unless the context otherwise requires, a health service list or an equivalent list;

"medical list" means a list prepared by a Primary Care Trust under regulation 4 of the National Health Service (General Medical Services) Regulations 1992 (medical list)( 12);

"medical performers list" means, unless the context otherwise requires, the list prepared, maintained and published by the Board pursuant to regulation 3(1)(a);

"medical supplementary list" means a list prepared by a Primary Care Trust under regulation 3 of the National Health Service (General Medical Services Supplementary List) Regulations 2001 (supplementary list)( 13);

"national disqualification" means the effect of a decision of the First-tier Tribunal under section 159(1) of the 2006 Act (national disqualification);

"the NCAA" means the National Clinical Assessment Authority established as a Special Health Authority under section 28 of the 2006 Act (special health authorities)( 14);

"the NHS Business Services Authority" means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established as a Special Health Authority under section 28 of the 2006 Act (special health authorities);

"the NHSLA" means the National Health Service Litigation Authority established as a Special Health Authority under section 28 of the 2006 Act (special health authorities);

"the NICE" means the National Institute for Health and Clinical Excellence established as a Special Health Authority under section 28 of the 2006 Act (special health authorities)( 15);

"the NPSA" means the National Patient Safety Agency established as a Special Health Authority under section 28 of the 2006 Act (special health authorities)( 16);

"notice" means a notice in writing (including in electronic form) and "notify" is to be construed accordingly;

"ophthalmic list" means a list prepared by a Primary Care Trust under regulation 6 of the National Health Service (General Ophthalmic Services) Regulations 1986 (ophthalmic list)( 17);

"ophthalmic performers list" means, unless the context otherwise requires, the list prepared, maintained and published by the Board pursuant to regulation 3(1)(c);

"ophthalmic supplementary list" means a list prepared by a Primary Care Trust under regulation 3 of the National Health Service (General Ophthalmic Services Supplementary List) and (General Ophthalmic Services Amendment and Consequential Amendment) Regulations 2005 (supplementary list)( 18);

"originating event" means, in relation to a conviction, investigation or proceedings, or a suspension, disqualification or removal from, refusal to include in or conditional inclusion in a list, the event which gives rise to it;

"period of emergency" means the period-

(a) beginning when the Secretary of State advises the Registrar of the General Medical Council ("the Registrar") that an emergency of the type described in section 1 of the Civil Contingencies Act 2004 (meaning of "emergency")( 19), has occurred, is occurring or is about to occur; and(b) ending when the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in sub-paragraph (a) no longer exist;

"Practitioner " means a medical practitioner, dental practitioner or ophthalmic practitioner;

"performers list" means, unless the context otherwise requires, a list referred to in regulation 3(1);

"register of medical practitioners" has the meaning given to it by section 2(2) of the Medical Act 1983 (registration of medical practitioners)( 20);

"regulatory body" means a body anywhere in the world which regulates or licenses any profession of which the Practitioner is or has been a member and includes a body which regulates or licenses the education, training or qualifications of that profession;

"relevant body" means, in relation to a Practitioner, the body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 (regulatory bodies)( 21), which regulates the profession of the Practitioner;

"relevant performers list" means-

(a) in the case of a medical practitioner, the medical performers list;(b) in the case of a dental practitioner, the dental performers list; and(c) in the case of an ophthalmic practitioner, the ophthalmic performers list;

"relevant Part" means-

(a) in the case of a medical practitioner, Part 2;(b) in the case of a dental practitioner, Part 3; and(c) in the case of an ophthalmic practitioner, Part 4;

"Type 1 armed forces GP" means a medical practitioner-

(a) who is a member of the armed forces or employed by the Ministry of Defence; and(b) whose name is included in the GP Register;

"Type 2 armed forces GP" means a medical practitioner-

(a) who is not a Type 1 armed forces GP;(b) whose name is included in the GP Register; and(c) who is engaged under a contract for services specifically for the provision of medical services to members of the armed forces;

"services list" means a list prepared by a Primary Care Trust under regulation 3 of the National Health Service (Personal Medical Services)(Services List) and the...

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