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 11

32.—(1) Regulation 11 (criteria for removal) of the Supplementary List Regulations shall be amended in accordance with the following provisions of this regulation.

(2) For paragraph (1) there shall be substituted the following paragraph—

“(1) Where a Primary Care Trust is considering whether to remove a doctor from its supplementary list under regulation 10(3) and (4)(c) (an unsuitability case), it shall—

(a) consider any information relating to the doctor which it has received in accordance with regulation 9;

(b) consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or relating to that doctor; and

(c) in reaching its decision, take into consideration the matters set out in paragraph (2).”.

(3) In paragraph (2)—

(a) for “criteria” there shall be substituted “matters”;

(b) for sub-paragraphs (b) to (f) there shall be substituted—

“(b) the length of time since any such offence, incident, conviction or investigation;

(c) whether there are other offences, incidents or investigations to be considered;

(d) any action taken or penalty imposed by any licensing or regulatory body, the police or the courts as a result of any such offence, incident or investigation;

(e) the relevance of any offence, incident or investigation to his assisting in providing general medical services and the likely risk to patients or to public finances; and

(f) whether any offence was a sexual offence to which Part I of the Sexual Offences Act 1997(1) applies, or if it had been committed in England and Wales, would have applied;”.

(4) For paragraph (3) there shall be substituted—

“(3) Where a Primary Care Trust is considering whether to remove a doctor from its supplementary list under regulation 10(3) and (4)(b), it shall—

(a) consider any information relating to the doctor which it has received in accordance with any provision of regulation 9;

(b) consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or relating to that doctor; and

(c) in reaching its decision, take into consideration the matters set out in paragraph (4).”.

(5) In paragraph (4)—

(a) for “criteria” there shall be substituted “matters”;

(b) in sub-paragraph (a) for “any fraud cases” there shall be substituted “fraud”;

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

“(b) the length of time since the last incident of fraud occurred, and since any investigation into it was concluded;”

(d) in sub-paragraph (c) “cases” shall be deleted; and

(e) in sub-paragraph (d) “the incident” shall be deleted and there shall be added at the end “any such offence, investigation or incident”.

(6) For paragraph (5) there shall be substituted the following paragraph—

“(5) Where a Primary Care Trust is considering whether to remove a doctor from its supplementary list under regulation 10(3) and (4)(a) (“an efficiency case”), it shall—

(a) consider any information relating to the doctor which it has received in accordance with any provision of regulation 9;

(b) consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or relating to that doctor; and

(c) in reaching its decision, take into consideration the matters set out in paragraph (6).”.

(7) In paragraph (6)—

(a) for “criteria” there shall be substituted “matters”;

(b) for sub-paragraphs (a) and (b) there shall be substituted—

“(a) the nature of any incident which was prejudicial to the efficiency of the general medical services that the doctor assisted in providing;

(b) the length of time since the last incident occurred and since any investigation into it was concluded;”; and

(c) at the end of sub-paragraph (f) there shall be added “, the Medical Regulations or the Services List Regulations;”.

(1)

1997 c. 51.