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The National Health Service (Performers Lists) (Wales) Regulations 2004

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PART 3E+WMEDICAL PERFORMERS LIST

InterpretationE+W

21.—(1) For the purposes of this Part the prescribed description of performer is medical practitioner and the relevant body is the General Medical Council. (2) In this Part —

“the 2002 Order” means the Medical Act 1983 (Amendment) Order 2002 M1;

F1...

[F2“armed forces GP” means a medical practitioner who—

(a)

is employed under a contract of service by the Ministry of Defence whether or not as a member of the armed forces; and

(b)

is entered on the GP Register;]

“contractor” means a general medical practitioner, who both provides and performs primary medical services in accordance with section 28C M2 arrangements or under a general medical services.

F1...

[F3“both registers” means the register of medical practitioners and the GP Register;]

“CCT” means Certificate of Completion of Training awarded under [F4section 34L(1) of the Medical Act 1983] F5...;

“Fitness to Practise Panel” means a panel constituted pursuant to paragraph 19E of Schedule 1 to the Medical Act M3;

[F6“GP Register” means the register kept by virtue of section 34C of the Medical Act 1983;]

[F6“GP Registrar” means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;]

[F6“general medical practitioner” means a GP Registrar or a medical practitioner whose name is included in the GP Register;]

[F6“GP Trainer” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar;]

“health case” has the meaning ascribed to it by section 35E of the Medical Act M4;

“Health Committee” means the Health Committee of the General Medical Council referred to in section 1(3) of the Medical Act;

“Medical Act” means the Medical Act 1983 M5;

“Professional Conduct Committee” means the Professional Conduct Committee of the General Medical Council, referred to in section 1(3) of the Medical Act;

“professional registration number” means the number against the doctor’s name in the register of medical practitioners;

“relevant scheme” means the scheme in respect of which the general medical practitioner is applying to be included in a medical performers list;

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

“scheme” means an arrangement to provide primary medical services—

(a)

in accordance with section 28C; or

(b)

under a general medical services contract;

F1...

[F7“vocational training scheme” means postgraduate medical education and training necessary for the award of a CCT in general practice.]

Textual Amendments

Marginal Citations

M2Section 28C was inserted by the National Health Service (Primary Care) Act 1997, section 21(1) and amended by the 1999 Act, section 65(1) and Schedule 4, the 2001 Act, section 40 and Schedule 5 and the 2003 Act, section 180 and Schedule 11, paragraph 414.

M3Paragraph 19E is inserted by article 5(3) of the 2002 Order, with effect from such date as the Secretary of State may specify.

M4Section 35 is inserted by article 8 of the 2002Order, with eddect from such date as the Secretary of State may specify.

Medical performers listE+W

22.—(1) Subject to paragraphs [F8(2) to (3)] a medical practitioner may not perform any primary medical service, unless that medial practitioner is a general medical practitioner and his or her name is included in a medical performers list.

(2) A medical practitioner who is provisionally registered under section 15, 15A or 21 of the Medical Act M6, may perform primary medical service when the medical practitioner’s name is not included in a medical performers list, but only whilst acting in the course of employment in a resident medical capacity in an approved medical practice (within the meaning of section 11(4) of that Act M7).

[F9(2A) A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Local Health Board, but only in so far as the performance of those services constitutes part of a programme of post-registration supervised clinical practice approved by [F10the General Medical Council] (“a post-registration programme”).

(2B) A medical practitioner falls within this paragraph if he or she—

(a)is not a GP Registrar;

(b)is undertaking a post-registration programme;

(c)has notified the Local Health Board that he or she will be undertaking part or all of a post-registration programme in its area at least 24 hours before commencing any part of that programme taking place in the Local Health Board’s area; and

(d)has, with that notification, provided the Local Health Board with evidence sufficient for it to satisfy itself that he or she is undergoing a post-registration programme.]

(3) A GP Registrar, who has applied in accordance with these Regulations to a Local Health Board for inclusion in its medical performers list may perform primary medical services, despite not being included in that performers list, until the first of the following events arises—

(a)the Local Health Board notifies the GP Registrar of its decision on that application; or

(b)the end of a period of [F113 months], starting with the date on which the GP Registrar’s vocational training scheme begins.

(4) In respect of any medical practitioner whose name is included in a medical performers list, the performers list shall include —

(a)the medical practitioner’s full name;

(b)the medical practitioner’s professional registration number with, suffixed to it, the organisational code given by the National Assembly for Wales to the Local Health Board;

(c)F12... the date of the medical practitioner’s first registration in both registers;

(d)if the medical practitioner is a contractor, that the medical practitioner is a contractor;

(e)if the medical practitioner is a GP Registrar, that the medical practitioner is a GP Registrar;

(f)if the medical practitioner is an armed forces GP, that the medical practitioner is an armed forces GP; and

(g)the date that the medical practitioner’s name was included in the medical performers list or, if the medical practitioner was included in any medical, supplementary or services list of a Local Health Board, first included in such a list.

Textual Amendments

Marginal Citations

M6Relevant amendments to sections 15 and 21 are S.I. 1996/1591 and s. 41(10) of and paragraph 61(1) and (4) of Schedule 2 to the 1997 Act.

M7Relevant amendments are s. 35(1) and (4) of the 1997 Act.

Temporary exception under the Coronavirus Act 2020E+W

22A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C1Regs. 22A, 22B inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 2 para. 1(2) (with ss. 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89)

Grounds for refusal and deferral under the Coronavirus Act 2020E+W

22B  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications etc. (not altering text)

C1Regs. 22A, 22B inserted (temp.) (25.3.2020) by virtue of Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 2 para. 1(2) (with ss. 88-90) (and which affecting provision expires (25.3.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89)

Application for inclusion in a medical performers listE+W

23.—(1) In addition to the information required by regulation 4(2), the general medical practitioner when making an application for inclusion of the general medical practitioner’s name in a medical performers list shall give the following information —

(a)the general medical practitioner’s medical qualifications and where they were obtained, with evidence concerning the general medical practitioner’s qualifications and experience;

(b)F13... a declaration that the general medical practitioner is a fully registered general medical practitioner included in both registers;

(c)the general medical practitioner’s professional registration number and date of first registration in both registers;

(d)in relation to the general medical practitioner’s professional experience given under regulation 4(2)(e), the general medical practitioner shall separate that information into —

(i)general practice experience,

(ii)hospital appointments, and

(iii)other experience (including obstetric experience),

with full supporting particulars of that experience;

(e)if the general medical practitioner is a GP Registrar, the name and practice address of his or her GP Trainer F14...;

(f)whether the general medical practitioner is a contractor;

(g)if the general medical practitioner is a contractor for more than one scheme and, if so, which schemes and which scheme of those schemes is the relevant scheme; and

(h)whether the general medical practitioner is an armed forces GP.

(2) In addition to the undertakings required by regulation 4(3) the general medical practitioner shall give the following further undertakings —

(a)not to perform any primary medical service in the area of another Local Health Board or equivalent body from whose medical performers list, medical list, services list or supplementary list or equivalent list the general medical practitioner has been removed, except where that removal was at the general medical practitioner’s request or in accordance with regulation 10(6) of these Regulations, regulation 10(6) of the Services List Regulations, regulation 10(7) of the Supplementary List Regulations F15... or any equivalent provision in Scotland or England, without the consent, in writing, of that Local Health Board or equivalent body;

(b)if the general medical practitioner is a GP Registrar, unless the general medical practitioner has an acquired right under [F16article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010], an undertaking -—

(i)not to perform any primary medical service except when acting for and under the supervision of, the general medical practitioner’s GP Trainer;

(ii)to withdraw from the medical performers list if any of the events listed in paragraph (3) takes place, and

[F17(iii)to provide the Local Health Board with evidence of their inclusion in the GP Register; and]

(c)if the general medical practitioner is a contractor, to comply with the requirements of paragraph 122 of Schedule 6 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (gifts) M8; and

(d)if the general medical practitioner is not a contractor, to comply with the requirements of that paragraph as though the general medical practitioner were a contractor.

[F18(3) The events to which this paragraph applies are—

(a)the conclusion of any period of general practice training required by section 34J of the Medical Act unless—

(i)it forms part of a vocational training scheme which has not yet been concluded; or

(ii)the general medical practitioner provides the Local Health Board with evidence of their inclusion in the GP Register;

(b)the failure satisfactorily to complete any period of general practice training within the meaning of that section of that Act; and

(c)the completion of a vocational training scheme unless the general medical practitioner provides the Local Health Board with evidence of their inclusion in the GP Register.]

(4) If the medical practitioner is an armed forces GP, the medical practitioner shall not be required to give an undertaking pursuant to regulation 4(3)(e) (undertaking to participate in appraisal system).

Textual Amendments

F13Words in reg. 23(1)(b) omitted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 19.10.2007 in so far as not already in force, as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 78(a)

F14Words in reg. 23(1)(e) omitted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 19.10.2007 in so far as not already in force, as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 78(b)

Marginal Citations

[F19Application for inclusion in a medical performers list by a general medical practitioner already listed on a medical performers list of a primary care organisationE+W

23A.—(1) In addition to providing the information required by regulation 4A(2), the general medical practitioner when making an application for inclusion of the general medical practitioner’s name in medical performers list whilst that general medical practitioner is included in a medical performers list with a primary care organisation shall give the information required by paragraph 1F20...(b), (c), (f), (g) and (h) of regulation 23.

(2) In addition to the undertakings required by regulation 4A(3), the general medical practitioner shall give the further undertakings as required by paragraph (2) of regulation 23.

(3) If the medical practitioner is an armed forces GP included in a list held by a primary care organisation, the medical practitioner shall not be required to give an undertaking as required by regulation 4(3) as further specified in regulation 4(3)(e).

F21(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A medical performer may not withdraw an application made under this Regulation whilst a Local Health Board is deciding that application.

[F22(6) The general medical practitioner shall provide all necessary authority to enable a request to be made by that Local Health Board to the primary care organisation, for information relating to the general medical practitioner’s medical qualifications (including where they were obtained), and evidence concerning the general medical practitioner’s qualifications and experience.]]

Textual Amendments

Additional grounds for refusalE+W

24.—(1) In addition to the grounds in regulation 6(1), a Local Health Board may also refuse to admit a medical practitioner to its medical performers list if —

(a)having checked the information provided by the doctor under regulation 23(1)(a), (b) and (c), the Local Health Board considers the medical practitioner is unsuitable to be included in its performers list; or

(b)the medical practitioner’s registration in the register of medical practitioners is subject to conditions imposed, before the coming into force of article 13 of the 2002 Order, pursuant to a direction —

(i)under section 36(1)(iii) of the Medical Act M9, of the Professional Conduct Committee,

(ii)under section 37 of that Act M10, of the Health Committee,

(iii)under section 36A of or paragraph 5A(3) of Schedule 4 to that Act M11, of the Committee on Professional Performance of the General Medical Council referred to in section 1(3) of that Act, or

(c)the medical practitioner’s registration in the register of medical practitioners is subject to an order, under section 41A of that Act M12 —

(i)before the coming into force of article 13 of the 2002 Order, of any of those committees or of the Interim Orders Committee of that Council referred to in section 1(3) of that Act,

(ii)after the coming into force of that article, of a Fitness to Practise Panel or an Interim Orders Panel of that General Medical Council;

(d)after the coming into force of article 13 of the 2002 Order, the medical practitioner’s registration in that register is subject to conditions imposed by a Fitness to Practise Panel pursuant to section 35D(2)(c) (5)(c), (8)(c ) or (12)(c) of the Medical Act M13; or

(e)after the coming into force of article 14 of the 2002 order, the medical practitioner’s registration in that register is subject to conditions imposed by a Fitness to Practise Panel pursuant to rules made under paragraph 5A of Schedule 4 to the Medical Act M14.

(2) In addition to the grounds in regulation 6(2), a Local Health Board shall also refuse to admit a medical practitioner to its medical performers list if —

(a)the medical practitioner is a contractor and, at the time of his or her application, more of the patients of the relevant scheme reside in the area of another Local Health Board than reside in the area of the Local Health Board in whose performers list the medical practitioner has applied for inclusion;

(b)the medical practitioner is a contractor and the relevant scheme is not one that lies within its area; or

(c)the medical practitioner is included in the medical performers list of another Local Health Board, unless the medical practitioner has given notice in writing to that Local Health Board that the medical practitioner wishes to withdraw from that list.

(3) For the purposes of regulation 6(2)(d), the day prescribed in this Part is 3rd November 2003 or, if that medical practitioner had been included in a medical list or a supplementary performers list, 26th August 2002.

(4) Regulation 6(2)(a) (intention to work in the Local Health Board’s area) shall not apply in the case of an armed forces GP.

(5) In addition to checking the information provided by the doctor, as required by regulation 6(3)(a), the Local Health Board shall also check the information the doctor provided under regulation 23.

Marginal Citations

M9Section 36 was amended by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 5 and by S.I. 2000/1803, articles 2 and 5.

M10Section 37 was amended by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 6 and by S.I. 2000/1803, articles 2 and 7.

M11Section 36A was inserted by the 1995 Act, section 1 and amended by S.I. 2000/1803, articles 2 and 6 and paragraph 5A of Schedule 4 was added by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 20.

M12Section 41A was inserted by S.I. 2000/1803, articles 2 and 10.

M13Section 35D is inserted by article 13 of the 2002 Order, with effect from such date as the Secretary of State may specify

M14Schedule 4 is substituted by article 14 of the 2002 Order with effect from such date as the Secretary of State may specify.

Requirements with which a doctor in a medical performers list must complyE+W

25.  [F23Regulation 9(7)] (requirement to participate in appraisal system) shall not apply in the case of an armed forces GP, but in such a case the medical practitioner shall provide the Local Health Board with a copy of the annual appraisal undertaken by the Ministry of Defence or the armed forces, as the case may be.

Textual Amendments

Grounds for removal from a medical performers listE+W

26.—(1) Subject to paragraph (2) and in addition to the grounds in regulation 10(1), the Local Health Board must remove a medical practitioner from its performers list where it becomes aware that the medical practitioner is —

(a)the subject of a direction given by the Professional Conduct Committee under section 36(1)(i) or (ii) of the Medical Act (professional misconduct and criminal offences) M15,

(b)the subject of an order or direction made by that Committee under section 38(1) of that Act (order for immediate suspension) M16;

(c)from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), (10)(a) or (b) (functions of a Fitness to Practise Panel) or section 38(1) (powers to order immediate suspension etc) of that Act M17;

(d)from the coming into force of the article 14 of the 2002 Order, the subject of a direction by a Fitness to Practice Panel suspending the medical practitioner pursuant to rules made under paragraph 5A(3) of Schedule 4 of that Act M18 (suspension for failure to comply with reasonable requirements as to assessment);

(e)included in the medical performers list of another Local Health Board; F24...

(f)if a GP Registrar, in breach of the undertaking provided in accordance with regulation 23(2) and has failed to withdraw from the performers list after the Local Health Board has given the GP Registrar 28 days notice requesting the doctor to do so [F25; or]

[F26(g)no longer licensed to practise medicine.]

(2) Paragraph (1)(c) shall not apply where a direction that a medical practitioner’s registration is suspended is made in a health case.

(3) For the purposes of regulation 10(1)(b), the day prescribed in this Part is 3rd November 2003 or, if that medical practitioner had been included in a medical performers list or a supplementary performers list, 26th August 2002.

(4) Regulation 10(6) (power to remove for non-practice in the area) shall not apply in the case of an armed forces GP.

(5) In calculating the period of 12 months under regulation 10(7) (periods to be disregarded), the Local Health Board shall disregard any period during which the doctor’s registration or the doctor’s entitlement to practise as such was suspended —

(a)before the coming into force of article 13 of the 2002 Order by a committee of the General Medical Council pursuant to sections 37 or 41A of the Medical Act;

(b)after the coming into force of that article, by a Fitness to Practise Panel pursuant to section 41A(1)(a) of that Act; or

(c)after the coming into force of that article, in a health case.

Textual Amendments

Marginal Citations

M15Section 36 was amended by S.I. 2000/1803.

M16Section 38(1) was amended by the 1995 Act, section 4 and Schedule1, paragraphs 1 and 7.

M17Sections 35D and 38 inserted by article 13 of the 2002 Order, with effect from such dates as the Secretary of State may specify.

M18Schedule 4 is inserted by article 14 of the 2002 order, with effect from such date as the Secretary of State may specify.

Additional decision that may be appealedE+W

27.  A general medical practitioner may also appeal, under regulation 15, against a decision of the Local Health Board to refuse to include the general practitioner’s name in its medical performers list under regulation 24(1).

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