The National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003

Amendment of regulation 9

30.—(1) Regulation 9 (requirements with which a doctor on the supplementary list must comply) of the Supplementary List Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) there shall be inserted, after sub-paragraph (c), the following sub-paragraphs—

“(cc) has accepted and agreed to pay either a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995(1) or a penalty under section 115A of the Social Security Administration Act 1992(2);

(cd) has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging him absolutely (without proceeding to conviction);”; and

(b) for sub-paragraph (i) there shall be substituted—

“(i) becomes to his knowledge the subject of any investigation by the NHS Counter Fraud and Security Management Service in relation to fraud, or is notified of the outcome of such an investigation, where it is adverse;”.

(3) In paragraph (2), in the first place where it occurs, “to his knowledge” shall be deleted and for sub-paragraph (f) there shall be substituted—

“(f) becomes to his knowledge the subject of any investigation in relation to fraud, or is notified of the outcome of such an investigation, where it is adverse;”.

(4) At the end there shall be added the following paragraph—

“(4) A doctor, who is included in the supplementary list of a Primary Care Trust, shall supply that Trust with an enhanced criminal record certificate under section 115 of the Police Act 1997(3) in relation to himself, if the Primary Care Trust at any time, for reasonable cause, requests him to provide such a certificate.”.

(1)

1995 c. 46.

(2)

1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).

(3)

1997 c. 50.