The Health and Personal Social Services (Primary Medical Services Performers Lists) (Amendment) Regulations (Northern Ireland) 2008

Insertion of regulation 12A to the principal Regulations

13.  After regulation 12 (Amendment or withdrawal from primary medical services performers lists) insert—

“Suspension

12A.— (1) If a Board is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, it may suspend a performer from its primary medical services performers list, in accordance with the provisions of this regulation—

(a) while it determines whether to remove the performer from its primary medical services performers list under regulation 9 or 10 or contingently remove him under regulation 10A;

(b) while it awaits the decision of—

(i) a court anywhere in the world; or

(ii) a licensing or regulatory body,

which affects the performer;

(c) while it considers whether to refer the performer to the Tribunal or to the General Medical Council(1);

(d) while it awaits a finding by the Tribunal or the General Medical Council;

(e) where it has decided to remove the performer but before that decision takes effect; or

(f) pending appeal under these regulations.

(2) Subject to paragraph (7) in a case falling within paragraph (1)(a) or (c), the Board must specify a period, not exceeding six months, as the period of suspension.

(3) Subject to paragraph (7) in a case falling within paragraph (1)(b), the Board may specify that the performer remains suspended after the decision referred to in that paragraph has been made for an additional period, not exceeding 6 months.

(4) In a case falling within paragraph (1)(d), the term of suspension may exceed six months.

(5) If the Board suspends a performer in a case falling within paragraph (1)(e) the suspension has effect from the date the Board informed that person of the suspension.

(6) If the Board suspends a performer in a case falling within paragraph (1)(f) the suspension has effect from the date the Board informed that person of the suspension until the expiry of the appeal period or until the Department has disposed of the appeal.

(7) The Board may extend the period of suspension under paragraph (2) or impose a further period of suspension under paragraph (3), so long as the aggregate period of suspension does not exceed six months.

(8) Except as provided in paragraph (9) the effect of a suspension is that while a performer is suspended under these Regulations, that person is to be treated as not being included in the primary medical services performers list even though that person’s name appears on it.

(9) For the purpose of an application by a performer who is suspended under these Regulations to be included in another primary medical services performers list, he shall be treated as still included in the list from which he is suspended notwithstanding that suspension.

(10) The Board may at any time revoke the suspension and notify the performer of its decision.

(11) Where a Board is considering suspending a performer or varying the period of suspension under this regulation, it shall give that person—

(a) notice of any allegation against that person;

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

(c) the opportunity to put his case at an oral hearing before the Board on a specified day.

(12) The Board may suspend the performer with immediate effect.

(13) If an oral hearing does take place, the Board shall take into account any representations made at the hearing in relation to its decision to suspend.

(14) The Board shall notify the performer of its decision and the reasons for it (including any facts relied upon) within 7 days of making that decision.

(15) The Board shall notify the performer of any right of review under regulation 12B.

(16) During a period of suspension, payments shall be made to the performer in accordance with regulation 15.

(17) If a performer is dissatisfied with a decision of the Board (“the original decision”)—

(a) to refuse to make a payment to or in respect of him pursuant to a determination under regulation 15;

(b) to make a payment to or in respect of him pursuant to a determination under regulation 15, but at a lower level than the level at which the suspended performer considers to be correct; or

(c) in respect of recovery of what the Board considers to be an overpayment,

the performer may ask the Board to review the original decision and if that person makes such a request, the Board shall reconsider the original decision and once it has done so, it must notify the performer in writing of the outcome of that reconsideration (“the reconsidered decision”) and give that person notice of the reasons for the reconsidered decision.”.

(1)

see section 1 of the Medical Act 1983 (c.54)