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

Review periods on national disqualification E+W

19.—(1) If on making a decision to impose a national disqualification, the [F1 First-tier Tribunal] states that it is of the opinion that the criminal or professional conduct of the performer is such that there is no realistic prospect of a further review being successful if held within the period specified in [F2 regulation 18A(8)(a)], the reference to “two years” in that provision shall be a reference to five years;

(2) If on the last review by the [F1 First-tier Tribunal] of a national disqualification the performer was unsuccessful and the [F1 First-tier Tribunal] states that it is of the opinion that there is no realistic prospect of a further review being successful if held within a period of three years beginning with the date of its decision on that review the reference to “one year” in [F3 regulation 18A(8)(b)] shall be a reference to three years;

(3) If the [F1 First-tier Tribunal] states that it is of the opinion that, because a criminal conviction considered by the [F1 First-tier Tribunal] in reaching the decision that has effect has been quashed or the penalty reduced on appeal, there is a need for an immediate review the reference to “two years” or “one year” in [F4 regulation 18A(8)] shall be a reference to the period that has already elapsed;

(4) If the [F1 First-tier Tribunal] is of the opinion that because the decision of a licensing, regulatory or other body has been quashed or the penalty reduced on appeal, there is a need for an immediate review the reference to “two years” or “one year” in [F4 regulation 18A(8)] shall be a reference to the period that has already elapsed.

Textual Amendments

F1 Words in reg. 19 substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 73

F2 Words in reg. 19(1) substituted (1.4.2006) by The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006 (S.I. 2006/945), regs. 1(1), 9(b) (with Sch.)

F3 Words in reg. 19(2) substituted (1.4.2006) by The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006 (S.I. 2006/945), regs. 1(1), 9(c) (with Sch.)

F4 Words in reg. 19 substituted (1.4.2006) by The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006 (S.I. 2006/945), regs. 1(1), 9(a) (with Sch.)