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

Suspension E+W

12.—(1) If [F1 NHS England] is satisfied that it is necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may suspend a Practitioner from a performers list—

(a) while [F1 NHS England] decides whether or not to exercise its powers to remove the Practitioner under regulation 11(1)(c), 14(3) or (5), 16 or 17(6)(b) or to impose conditions on the Practitioner's inclusion in a performers list under regulation 10;

(b) while it awaits—

(i) the outcome of any criminal or regulatory investigation affecting the Practitioner, or

(ii) a decision of a court anywhere in the world, or of any regulatory body, affecting the Practitioner;

(c) where it has decided to remove the Practitioner from a performers list but that decision has yet to take effect; or

(d) pending an appeal under these Regulations.

[F2 (1A) [F1 NHS England] must suspend a Practitioner from a performers list if the Practitioner’s registration—

(a) in the register of medical practitioners is subject to an interim suspension order made under section 41A of the Medical Act 1983;

(b) in the dentists register is subject to an interim suspension order made under section 32 of the Dentists Act 1984;

(c) in the register maintained by the General Optical Council under section 7(a) or 8B(1)(a) of the Opticians Act 1989 is subject to an interim suspension order made under section 13L of that Act.

(1B) A suspension under paragraph (1A) will cease to have effect on the date that the interim suspension order referred to in that paragraph ends.

(1C) Where [F1 NHS England] suspends a Practitioner under paragraph (1A) it must notify the Practitioner of the suspension and the reason for it.]

(2) Where [F1 NHS England] is considering suspending a Practitioner [F3 under paragraph (1)] it must give the Practitioner—

(a) notice of any allegation against the Practitioner;

(b) notice of what action it is considering and on what grounds; and

(c) the opportunity to put the Practitioner's case at an oral hearing before it, on a specified day, provided that at least two working days' notice of the hearing is given (beginning with the day on which the notice is given).

This paragraph does not apply where paragraph (6) applies.

(3) Where a Practitioner does not wish to have an oral hearing under paragraph (2)(c) or does not attend one, [F1 NHS England] may suspend the Practitioner with immediate effect.

(4) If an oral hearing does take place, [F1 NHS England] must take into account any representations made before it reaches its decision, and [F1 NHS England] may—

(a) suspend the Practitioner with immediate effect; or

[F4 (b) if the Practitioner agrees to conditions proposed by [F1 NHS England] which are to apply during a period described in paragraph (1), allow the Practitioner to resume practice subject to those conditions until that period ends.]

(5) Where [F1 NHS England] suspends a Practitioner in a case falling within paragraph (1)(a) or (b), it must notify the Practitioner of the right of review under regulation 16.

(6) Where [F1 NHS England] considers it necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may determine that a suspension [F5 under paragraph (1)] is to have immediate effect without undertaking the steps specified in paragraph (2).

(7) When a Practitioner is suspended in accordance with paragraph (6)—

(a) [F1 NHS England] must immediately notify the Practitioner of its decision, the reasons for it and the allegations against the Practitioner;

[F6 (b) [F1 NHS England] must review its decision before the end of the next working day following the day on which its decision was made;]

(c) [F1 NHS England] is as soon as practicable to give the Practitioner—

(i) notice of what further action it is considering and on what grounds, and

(ii) the opportunity to put the Practitioner's case at an oral hearing before it, on a specified day, provided that at least two working days' notice of the hearing is given (beginning with the day on which the notice is given).

(8) If a decision to suspend a Practitioner in accordance with paragraph (6) is not reviewed in accordance with sub-paragraph (b) of paragraph (7), the suspension will cease to have effect on the expiry of the period mentioned in that sub-paragraph.

(9) Where a Practitioner does not wish to have an oral hearing under paragraph (7)(c)(ii) or does not attend one, [F1 NHS England] may confirm or revoke the suspension.

(10) If an oral hearing under paragraph 7(c)(ii) does take place, [F1 NHS England] must take into account any representations made before it reaches its decision, and [F1 NHS England] may—

(a) confirm or revoke the suspension; or

[F7 (b) if the Practitioner agrees to conditions proposed by [F1 NHS England] which are to apply during a period described in paragraph (1), allow the Practitioner to resume practice subject to those conditions until that period ends.]

(11) Where [F1 NHS England] decides to confirm a suspension under paragraph (9) or (10) [F1 NHS England] must notify the Practitioner of—

(i) its decision and the right of review under regulation 16, immediately, and

(ii) the reasons for it (including any facts relied upon) within 7 days of the decision.

(12) In a case falling within paragraph (1)(a) or (b), [F1 NHS England] must specify a period, not exceeding six months, as the period of suspension (“the initial period of suspension”). This is subject to paragraph (19).

(13) In a case falling within—

(a) paragraph (1)(b)(i), after the outcome of the investigation referred to in that paragraph is known, [F1 NHS England] may specify that the Practitioner remains suspended for an additional period of time so long as the aggregate of the initial and additional period of suspension does not exceed 6 months;

(b) paragraph (1)(b)(ii), after the decision referred to in that paragraph has been made, [F1 NHS England] may specify that the Practitioner remains suspended for an additional period so long as the aggregate of the initial and additional period of suspension does not exceed 6 months.

(14) Where [F1 NHS England] specifies under paragraph (13) that the Practitioner should remain suspended for an additional period, it must immediately notify the Practitioner of this.

(15) [F1 NHS England] may extend the period of suspension under paragraph (12) or impose a further period of suspension under paragraph (13), so long as the aggregate does not exceed six months.

This is subject to paragraph (19).

(16) Any period of suspension referred to in paragraph (13)(a) or (b) may be extended beyond six months if—

(a) on the application of [F1 NHS England], the First-tier Tribunal so orders; or

(b) [F1 NHS England] has applied to the First-tier Tribunal under sub-paragraph (a) before the expiry of the initial period of suspension but the First-tier Tribunal has not made an order by the time that initial period expires, in which case the period of suspension continues until the First-tier Tribunal makes an order.

(17) If the First-tier Tribunal makes an order in accordance with paragraph (16)(a), it must specify—

(a) a date on which the period of suspension is to end;

(b) an event beyond which it is not to continue; or

(c) that the period of suspension is to end on the earlier of a specified date or event.

(18) The First-tier Tribunal may, on the application of [F1 NHS England], make a further order (complying with paragraph (17)) at any time while the period of suspension pursuant to its earlier order is continuing.

(19) A suspension under paragraph (1)(a) remains effective after [F1 NHS England] has made a decision to exercise its powers to remove the Practitioner from the performers list under regulation 11(1)(c), 14(3) or (5), 16 or 17(6)(b) until the decision for the removal of the Practitioner takes effect.

(20) If [F1 NHS England] suspends a Practitioner in a case falling within paragraph (1)(c) or (d), the suspension has effect until—

(a) in a case falling within paragraph (1)(c), the decision takes effect; or

(b) in a case falling within paragraph (1)(d), the First-tier Tribunal has disposed of the appeal.

(21) If it is in possession of evidence that revoking a suspension [F8 imposed under paragraph (1)] will not compromise the protection of patients or members of the public or the public interest, [F1 NHS England] may at any time [F9 revoke that suspension] with immediate effect and notify the Practitioner of its decision.

(22) Whilst suspended under these Regulations, a Practitioner is to be treated as not being included in a performers list, even though the Practitioner appears in it.

[F10 (23) Nothing in paragraph (22) prevents a Practitioner from being removed from a performers list pursuant to regulation 11(1)(c), 14 or 17(6)(b).]

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 Reg. 12(1A)-(1C) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 5(a)

F3 Words in reg. 12(2) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 5(b)

F4 Reg. 12(4)(b) substituted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 10(a)

F5 Words in reg. 12(6) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 5(c)

F6 Reg. 12(7)(b) substituted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 10(b)

F7 Reg. 12(10)(b) substituted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 10(c)

F8 Words in reg. 12(21) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 5(d)(i)

F9 Words in reg. 12(21) substituted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 5(d)(ii)

F10 Reg. 12(23) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 5(e)