The Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004

3.  An application shall include the following undertakings –

(a) that the performer will participate in appropriate and relevant appraisal procedures;

(b) that the performer will notify the Board in writing within 7 days of its occurrence if the performer –

(i) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Northern Ireland, would constitute a criminal offence;

(ii) is convicted of a criminal offence in the United Kingdom;

(iii) is convicted elsewhere of an offence which would constitute a criminal offence if committed in Northern Ireland;

(iv) has, in summary proceedings in Scotland in respect of an offence, been the subject of an order discharging the performer absolutely (without proceeding to conviction);

(v) has accepted and agreed to pay a penalty under section 109A of the Social Security Administration (Northern Ireland) Act 1992, a penalty under section 115A of the Social Security Administration Act 1992 or a procurator fiscal fine under section 302 of the Criminal Procedure (Scotland) Act 1995;

(vi) has accepted a police caution in the United Kingdom;

(vii) is bound over following a criminal conviction in the United Kingdom;

(viii) becomes the subject of any investigation into the performer’s professional conduct by any licensing, regulatory or other body;

(ix) is informed by any licensing, regulatory or other body of the outcome of any investigation into the performer’s professional conduct, and there is a finding against the performer;

(x) becomes the subject of any investigation or proceedings by another Board or equivalent body, which might result in the performer being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(xi) is disqualified, conditionally disqualified, removed or suspended from or refused admission to any list or equivalent list;

(xii) is, was in the preceding 6 months, or was at the time of the events that gave rise to the charge, conviction or investigation, a director or one of the persons with control of a body corporate and that body corporate –

(aa) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in Northern Ireland, would constitute a criminal offence;

(bb) is convicted of a criminal offence in the United Kingdom;

(cc) is convicted elsewhere of an offence which, if committed in Northern Ireland, would constitute a criminal offence;

(dd) becomes the subject of any investigation into its provision of professional services by any licensing, regulatory or other body; or

(ee) is informed by any licensing, regulatory or other body of the outcome of any investigation into its provision of professional services, and there is a finding against it,

together with details of the occurrence, including approximate dates, and where any investigation or proceedings were or are to be brought, the nature of that investigation or proceedings, and any outcome;

(c) if the performer is a provider of primary medical services under a general medical services contract, to comply with the requirements of paragraph 116 (gifts) of Schedule 5 (other contractual terms) to the General Medical Services Contracts Regulations;

(d) if the performer is not a provider of primary medical services but performs primary medical services in accordance with a general medical services contract, to comply with the requirements of paragraph 116 (Gifts) of Schedule 5 (Other contractual terms) to the General Medical Services Contracts Regulations as though the performer were a provider of primary medical services;

(e) if the performer is a GP Registrar, unless the performer has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994(1), that the performer will –

(i) not perform primary medical services except when acting for, and under the supervision of, the performer’s GP Trainer;

(ii) withdraw from the primary medical services performers list if any of the events in paragraph 4 takes place;

(iii) until the coming into operation of Article 10 of the 2003 Order apply for a certificate of prescribed experience under regulation 10 of the Vocational Training Regulations or a certificate of equivalent experience under regulation 12 of those regulations as soon as the performer is eligible to do so, and provide the Board with a copy of any such certificate; and

(iv) after the coming into operation of Article 10 of the 2003 Order, provide the Board with evidence of the performer’s inclusion in the GP Register;

(f) that the performer shall consent to a request being made by the Board to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, into the applicant or a body corporate referred to in this paragraph and, for the purposes of this sub-paragraph, “employer” includes any partnership of which the applicant is or was a member.

(1)

S.I.1994/3130; relevant amending instrument is S.I. 1998/669