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

Interpretation E+W

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 M1 or the reserve forces within the meaning of that Act;

F1 ...

“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) M2 ;

“dental performers list” means, unless the context otherwise requires, the list prepared, maintained and published by [F2 NHS England] 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) M3 ;

[F3 “dentists register” means the register referred to in section 14(1) of the Dentists Act 1984;]

“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.) M4 ;

(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) M5 , 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)) M6 ;

“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) M7 ;

“GP Register” means the register kept by virtue of section 34C of the Medical Act 1983 (the general practitioner register) M8 ;

“health service list” means—

(a)

a list referred to in section 159(1) of the 2006 Act (national disqualification) M9 , 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) M10 ;

“medical performers list” means, unless the context otherwise requires, the list prepared, maintained and published by [F2 NHS England] 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) M11 ;

“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) M12 ;

“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);

[F4 “NHS Counter Fraud Authority” means the NHS Counter Fraud Authority established as a special health authority under section 28 of the 2006 Act;]

[F5 “NHS England” means the body corporate established under section 1H of the 2006 Act;]

“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) M13 ;

“the NPSA” means the National Patient Safety Agency established as a Special Health Authority under section 28 of the 2006 Act (special health authorities) M14 ;

“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) M15 ;

“ophthalmic performers list” means, unless the context otherwise requires, the list prepared, maintained and published by [F2 NHS England] 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) M16 ;

“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”) M17 , 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);

[F3 “protected caution” means a caution of the kind described in article 2A(1) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975;]

[F3 “protected conviction” means a conviction of the kind described in article 2A(2) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975;]

“register of medical practitioners” has the meaning given to it by section 2(2) of the Medical Act 1983 (registration of medical practitioners) M18 ;

“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) M19 , 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;

[F6 “returning practitioner” means a Practitioner who was included in a performers list at any time before making an application for inclusion in a performers list;]

“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 (General Medical Services) and (General Medical Services Supplementary List) Amendment Regulations 2003 (services list) M20 ;

“transfer date” means 1st April 2013; and

“working day” means any day which is not a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 M21 .

Textual Amendments

F1 Words in reg. 2 omitted (6.11.2023) by virtue of The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 61(2)(a)

F2 Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F3 Words in reg. 2 inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 3

F4 Words in reg. 2 inserted (1.11.2017) by The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017 (S.I. 2017/960), arts. 1(1), 4(2)

F5 Words in reg. 2 inserted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), regs. 1(1), 61(2)(b)

F6 Words in reg. 2 inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 3

Marginal Citations

M1 2006 c. 52.

M2 S.I. 1992/661. These regulations were revoked in relation to England by S.I. 2006/562 and in relation to Wales by S.I. 2006/946.

M3 S.I. 2003/250. These regulations were revoked by S.I. 2006/562.

M4 1983 c. 54. Section 18A was inserted by S.I. 2008/1774.

M5 S.I. 2004/585. These regulations were amended by S.I. 2004/2694, S.I. 2005/502, S.I. 2005/893, S.I. 2005/3491, S.I. 2006/635, S.I. 2006/1385, S.I. 2006/1914, S.I. 2008/1187, S.I. 2008/1700, S.I. 2010/22, S.I. 2010/234, S.I. 2010/412, S.I. 2010/578, S.I. 2011/1043 and S.I. 2012/476.

M6 Section 35C was substituted by S.I. 2002/3135. Sub-section (2) was amended by the Policing and Crime Act 2009 (c. 26), section 81 and by S.I. 2008/1774.

M7 2007 c. 15.

M8 Section 34C was inserted by S.I. 2010/234.

M9 Section 159(1) was amended by S.I. 2010/22 and by the Health and Social Care Act 2012 (c. 7), section 55 and Schedule 4, Part 7, paragraph 85.

M10 S.I. 1992/635. These regulations were revoked in relation to England by S.I. 2004/865 and in relation to Wales by S.I. 2004/1016.

M11 S.I. 2001/3740. These regulations were revoked by S.I. 2004/585.

M12 Section 28 was amended by the Health and Social Care Act 2012 (c. 7), section 55 and Schedule 4, Part 2, paragraph 13. The Authority was abolished by S.I. 2005/502.

M13 The Institute was abolished by the Health and Social Care Act 2012 (c. 7), section 248.

M14 The Agency was abolished by the Health and Social Care Act 2012 (c. 7), section 281.

M15 S.I. 1986/975. Regulation 6 was amended by S.I. 1996/705, S.I. 2001/3739, S.I. 2002/1883, S.I. 2002/2469, S.I. 2005/480 and S.I. 2006/181. The regulations were revoked in relation to England by S.I. 2008/1700.

M16 S.I. 2005/480. These regulations were revoked by S.I. 2008/1700.

M17 2004 c. 36. Section 1 was amended by S.I. 2010/976.

M18 Section 2(2) was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2007/3101 and S.I. 2008/1774.

M19 2002 c. 17. The section heading was substituted by, and sub-section 1 was amended by section 222 of the Health and Social Care Act 2012 (“the 2012 Act”). Sub-section (2) was amended by the 2012 Act, section 230 and Schedule 15, Part 3, paragraph 62 and by section 223. Sub-section (2A) was inserted by section 113 of the Health and Social Care Act 2008 (c. 14) (“the 2008 Act”) and amended by the 2012 Act, sections 223 and 230 and Schedule 15, Part 3, paragraph 62. Sub-section (3) was amended by the 2008 Act, section 127 and Schedule 10, paragraph 17, by S.I. 2010/231 and by the 2012 Act, section 230 and Schedule 15, Part 2, paragraph 56. Sub-sections (3A) and (3B) were inserted by section 220 of the 2012 Act. Sub-section (4) was amended by the 2012 Act, section 230 and Schedule 15, Part 3, paragraph 62 and sub-section (5) was amended by section 224 of that Act. Sub-section (6) was amended by the 2008 Act, sections 127 and 166, Schedule 10, paragraph 17 and Schedule 15, Part 2.

M20 S.I. 2003/2644. These regulations were revoked by S.I. 2004/585.

M21 1971 c. 80.