The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023

General condition relating to all contracts

6.—(1) The Local Health Board must not enter into a contract with—

(a) a medical practitioner to whom paragraph (2) applies,

(b) two or more persons practising in partnership, where paragraph (2) applies to any person who is a partner in the partnership, or

(c) a company limited by shares where paragraph (2) applies to—

(i) the company,

(ii) any person legally or beneficially owning a share in the company, or

(iii) any director or secretary of the company.

(2) This paragraph applies if—

(a) the person is the subject of a national disqualification;

(b) subject to paragraph (3), the person is disqualified or suspended (other than by interim suspension order or direction pending an investigation) from practising by any licensing body anywhere in the world;

(c) the person has, within the 5 years before either the signing of the contract or commencement of the contract (whichever is the earlier), been dismissed (otherwise than by reason of redundancy) from any employment by a health service body, unless—

(i) if the person was employed as a member of a health care profession at the time of the dismissal, the person has subsequently been employed by that health service body or by another health service body, and

(ii) the dismissal was the subject of a finding of unfair dismissal by any competent tribunal or a court;

(d) the person has, within the 5 years before either the signing of the contract or commencement of the contract (whichever is the earlier), been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 107(2), (3) or (4) of the Act (disqualification of practitioners)), or a performers list held by the Local Health Board by virtue of regulation made under section 49(3) (persons performing primary medical services) of the Act, unless the person’s name has been subsequently been included in such a list;

(e) the person has been convicted in the United Kingdom of murder;

(f) the person has been convicted in the United Kingdom of a criminal offence other than murder committed on or after 14 December 2001 and has been sentenced to a term of imprisonment of longer than 6 months;

(g) subject to paragraph (3), the person has been convicted outside the United Kingdom of an offence which would, if committed in England and Wales, constitute murder and—

(i) the offence was committed on or after 26 August 2002, and

(ii) the person was sentenced to a term of imprisonment of longer than 6 months;

(h) the person has been convicted of an offence, referred to in Schedule 1 to the Children and Young Persons Act 1933(1) (offences against children and young persons, with respect to which special provisions of this Act apply), or in Schedule 1 to the Criminal Procedure (Scotland) Act 1995(2) (offences against children under the age of 17 years of to which special provisions apply), committed on or after 1 March 2004;

(i) the person has at any time been included in—

(i) any barred list within the meaning of section 2 of the Safeguarding Vulnerable Groups Act 2006(3) (barred lists), or

(ii) any barred list within the meaning of Article 6 of the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007(4)(barred lists),

unless the person was removed from the list either on the grounds that it was not appropriate for the person to have been included in it or as the result of a successful appeal;

(j) the person has, within the period of 5 years before either the signing of the contract or commencement of the contract (whichever is the earlier), been removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commission, the Charity Commission for Northern Ireland or the High Court, and that order was made on the grounds of misconduct or mismanagement in the administration of a charity for which the person was responsible or to which the person was privy, or which was contributed to, or facilitated by, the person’s conduct;

(k) the person has, within the 5 years before either the date of the signing of the contract or the commencement of the contract (whichever is the earlier), been removed from being concerned with the management or control of any body in a case where the removal was by virtue of section 34(5)(e) of the Charities and Trustee Investment (Scotland) Act 2005(5) (powers of Court of Session);

(l) the person—

(i) has been made bankrupt and has not been discharged from the bankruptcy or the bankruptcy order has not been annulled, or

(ii) has had sequestration of the person’s estate awarded and has not been discharged from the sequestration;

(m) the person is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986(6) (bankruptcy restrictions order and undertaking), Schedule 2A to the Insolvency (Northern Ireland) Order 1989(7) (bankruptcy restrictions order and undertaking), or sections 56A to 56K of the Bankruptcy (Scotland) Act 1985(8) (bankruptcy restrictions order, interim bankruptcy restrictions order and bankruptcy restrictions undertaking), unless the person has been discharged from that order or that order has been annulled;

(n) the person—

(i) is subject to moratorium period under a debt relief order under Part VIIA of the Insolvency Act 1986(9) (debt relief orders), or

(ii) is the subject of a debt relief restrictions order or an interim debt relief restrictions order under Schedule 4ZB to the Insolvency Act 1986(10) (debt relief restrictions orders and undertakings);

(o) the person has made a composition agreement or arrangement with, or granted a trust deed for, the person’s creditors and the person has not been discharged in respect of it;

(p) the person is subject to—

(i) a disqualification order under section 1 of the Company Directors Disqualification Act 1986(11) (disqualification orders: general) or a disqualification undertaking under section 1A of that Act(12) (disqualification undertakings: general),

(ii) a disqualification order or disqualification undertaking under article 3 (disqualification orders: general) or Article 4 (disqualification undertakings: general) of the Company Directors Disqualification (Northern Ireland) Order 2002(13), or

(iii) a disqualification order under section 429(2) of the Insolvency Act 1986(14) (disabilities on revocation of an administration order against an individual);

(q) the person has had an administrator, administrative receiver or receiver appointed in respect of them;

(r) the person has had an administration order made in respect of the contractor under Schedule B1 to the Insolvency Act 1986(15) (administration); or

(s) the contractor is a partnership and—

(i) a dissolution of the partnership is ordered by any competent court, tribunal or arbitrator, or

(ii) an event happens that makes it unlawful for the business of the partnership to continue, or for members of the partnership to carry on in partnership.

(3) Paragraph (2)(b) or, as the case may be, paragraph (2)(g), does not apply to a person where—

(a) that person—

(i) has been disqualified or suspended from practising by a licensing body outside of the United Kingdom, or

(ii) has been convicted of a criminal offence outside of the United Kingdom, and

(b) the Local Health Board is satisfied that the disqualification, suspension or, as the case may be, the conviction does not make that person unsuitable to be—

(i) a contractor,

(ii) a partner, in the case of a contract with two or more persons practising in partnership, or

(iii) in the case of a company limited by shares—

(aa) a person who legally or beneficially owns a share in the company, or

(bb) a director or secretary of the company.

(4) For the purposes of paragraph (2)(c), where a person has been employed as a member of a health care profession, any subsequent employment must also be as a member of that profession.

(5) In this regulation, “contractor” includes a person with whom the Local Health Board is proposing to enter into a contract with.

(1)

1933 c. 12. Schedule 1 was amended by section 51 of, and Schedule 4 to, the Sexual Offences Act 1956 (c. 99); paragraph 8 of Schedule 15 to, and section 170(2) of, and Schedule 16 to, the Criminal Justice Act 1988 (c. 33); section 139 of, and paragraph 7 of Schedule 6 to, the Sexual Offences Act 2003 (c. 42); section 58(1) of, and Schedule 10 to, the Domestic Violence, Crime and Victims Act 2004 (c. 28); paragraph 53 of Schedule 21 to the Coroners and Justice Act 2009 (c. 25); section 115(1) of, and paragraph 136(a) and (b) of Schedule 9 to, the Protection of Freedoms Act 2012 (c. 9); and section 57(1) of, and paragraph 1 of Schedule 5 to, the Modern Slavery Act 2015 (c. 30).

(2)

1995 c. 46. Schedule 1 was amended by paragraph 2 of Schedule 1 to the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9), paragraph 2(8)(a) of Schedule 5 to the Sexual Offences (Scotland) Act 2009 (asp 9) and section 41(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).

(3)

2006 c. 47. Section 2 was amended by articles 3(a) and 4 of S.I. 2012/3006.

(4)

S.I. 2007/1351 (N.I. 11), as amended by section 81(2) and (3)(o)(i) of the Policing and Crime Act 2009 (c. 26).

(5)

2005 asp 10. Section 34 was amended by section 122 of the Public Services Reform (Scotland) Act 2010 (asp 8).

(6)

1986 c. 45. Schedule 4A was inserted by Schedule 20 of the Enterprise Act 2002 (c. 40), and was amended by section 71(3) of, and paragraph 63(1), (3)(a), (2)(a) and (b) to, the Enterprise and Regulatory Reform Act 2013 (c. s24).

(7)

S.I. 1989/2405 (N.I. 19). Schedule 2A was inserted by Article 13(2) of, and Schedule 5 to, S.I. 2005/1455 (N.I. 10).

(8)

1985 c. 66. Sections 56A to 56K were inserted by section 2(1) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

(9)

Part VIIA was inserted by section 108(1) of, and Schedule 17 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(10)

Schedule 4ZB was inserted by section 108(2) of, and Schedule 19 to, the Tribunals, Courts and Enforcement Act 2007.

(11)

1986 c. 46. Section 1 was amended by sections 5(1) and (2) and 8 of the Insolvency Act 2000 (c. 40), section 204(1) and (3) of the Enterprise Act 2002 (c. 40), and sections 111 and 164(1) of, and paragraphs 1 and 2 of Schedule 7 to, the Small Business, Enterprise and Employment Act 2015 (c. 26).

(12)

Section 1A was inserted by section 6(1) and (2) of the Insolvency Act 2000 (c. 39), and was amended by section 111 of, and paragraphs 1, 3(1) and (2) of Schedule 7 to, the Small Business Enterprise and Employment Act 2015.

(13)

S.I. 2002/3150 (N.I. 4).

(14)

Section 429 was amended by section 269 of, and Schedule 23 to, the Enterprise Act 2002, and by section 106 of, and Schedule 16 to, the Tribunals, Courts and Enforcement Act 2007 (c.15).

(15)

Schedule B1 was inserted by section 248(2) of, and Schedule 16 to, the Enterprise Act 2002.