The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023

Application for inclusion in a performers list

4.  In regulation 4 (application for inclusion in a performers list) of the 2013 Regulations—

(a) in paragraph (2)—

(i) after “The Practitioner must provide the following” insert “, subject to paragraph (9)”;

(ii) omit sub-paragraph (b);

(iii) in sub-paragraph (e) omit “together with an explanation of any gaps between appointments”;

(iv) after sub-paragraph (h) insert—

“(ha) confirmation of whether the Practitioner is or at any time has been included in an equivalent list;”;

(v) at the end of sub-paragraph (l) omit “and”;

(vi) after sub-paragraph (m) insert—

“; and

(n) if the Practitioner has resided in a country other than the United Kingdom for 12 months or more (whether in a continuous period or otherwise) while over the age of 18 years during the period of 5 years immediately before making the application—

(i) a certificate issued by an authority of that country which is equivalent to an enhanced criminal record certificate referred to in paragraph (m), or

(ii) if the Practitioner is unable to obtain such a certificate, a statement in writing demonstrating that the Practitioner has taken all reasonable steps to obtain such a certificate.”;

(b) in paragraph (3)(b) after “the information provided in” insert “or with”;

(c) after paragraph (8) insert—

“(9) This regulation applies to—

(a) a returning practitioner as if paragraph (2)(c), (e), (f) and (h) were omitted;

(b) a GP Registrar to whom paragraph (10) applies as if paragraph (2)(c), (e), (f), (g) and (h) were omitted; and

(c) a dental practitioner undertaking foundation training as if—

(i) paragraph (2)(c), (e) and (g) were omitted; and

(ii) paragraph (2)(f) required the name and address of one referee who is willing to provide a clinical reference relating to one recent post (which may include any current post), which lasted at least three months without a significant break, or, where this is not possible, a full explanation as to why that is the case and the name and address of one alternative referee.

(10) This paragraph applies to a GP Registrar who makes an application for inclusion in the medical performers list during the period of 6 months ending with the date on which they are expected to be awarded a CCT.

(11) For the purposes of—

(a) paragraphs 9(b) and (10), “GP Registrar” and “CCT” have the meanings given in regulation 23 (medical performers list: interpretation);

(b) paragraph 9(c), “foundation training” has the meaning given in regulation 30 (interpretation: foundation training).”.