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

Notification E+W

18.—(1) Within 7 days of making a decision mentioned in paragraph (2), the persons and bodies referred to in paragraph (3) are to be notified by [F1 NHS England] of the matters set out in paragraph (4).

(2) A decision of [F1 NHS England] referred to in paragraph (1) is a decision to—

(a) refuse to include a Practitioner in a performers list on the grounds referred to in regulation 7(1), 27(1), 34(1) or (2) or 40(1);

(b) impose conditions under regulation 10 or 12;

(c) vary conditions or impose new conditions under regulation 11;

(d) suspend a Practitioner from a performers list under regulation 12; or

(e) remove a Practitioner from a performers list under regulation 11(1)(c), [F2 14 [F3 (other than 14(1)(c))], 16(2)(c) or (3)(c), 17(6)(b), 28(1), 35(1) or 41(1)].

(3) The persons and bodies referred to in paragraph (1) are—

(a) the Secretary of State;

(b) the Scottish Executive;

(c) the Welsh Ministers;

(d) the Northern Ireland Executive;

(e) the relevant body and any other appropriate regulatory body;

(f) the NHSLA;

(g) where it is a fraud case, the [F4 NHS Counter Fraud Authority];

(h) persons or bodies that can establish to [F1 NHS England’s] satisfaction that they are employing or considering employing the Practitioner in a professional capacity; and

(i) a partnership which provides primary services and can establish that the Practitioner is or was a member of the partnership or that it is considering inviting the Practitioner to become such a member.

(4) The matters referred to in paragraph (1) are—

(a) the Practitioner's name, address and date of birth;

(b) the Practitioner's professional registration number;

(c) the date of, and a copy of, [F1 NHS England’s] decision; and

(d) a contact name of a person in [F1 NHS England] for further enquiries.

(5) [F1 NHS England] must send to the Practitioner a copy of any information about the Practitioner which it provides to the persons and bodies listed in paragraph (3) together with any correspondence with those persons and bodies relating to that information.

(6) Where [F1 NHS England] has notified the persons and bodies specified in paragraph (3) of the matters set out in paragraph (4), it is, in addition, if requested by any such person or body, to notify that person or body of any evidence that was considered in making its decision, including any representations from the Practitioner.

(7) Where a decision of [F1 NHS England] is changed on review or appeal, or a suspension ends, [F1 NHS England] is to notify the persons and bodies that were notified of the original decision of the later decision or the fact that that suspension has ended.

Textual Amendments

F1 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

F2 Words in reg. 18(2)(e) substituted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 7

F3 Words in reg. 18(2)(e) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 15

F4 Words in reg. 18(3)(g) substituted (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(4)(g)