The National Health Service (General Medical Services Supplementary List) Regulations 2001

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001(1);

“contingent removal” shall be construed in accordance with section 49G;

“doctor” means a registered medical practitioner;

“director” means—

(a)

a director of a body corporate; or

(b)

a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

“employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;

“equivalent body” means a Health Authority in Wales, a Health Board or an NHS trust in Scotland or a Health and Social Services Board in Northern Ireland;

“equivalent lists” means lists kept by an equivalent body;

“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S;

“fraud case” means a case where a person satisfies the second condition for removal from the medical list, set out in section 49F(3) or by virtue of section 49H is treated as doing so;

“General Practice (GP) Registrar” means a doctor who is being trained in general practice by a doctor whose name is included in a medical list;

“Health Committee” means the Health Committee of the General Medical Council constituted under section 1(3) of the Medical Act 1983;

“licensing or regulatory body” means the body that licenses or regulates any profession of which the doctor is, or has been a member, and includes a GP educational competent body;

“Medical Act” means the Medical Act 1983(2);

“a national disqualification” means—

(a)

a decision made by the FHSAA in relation to a doctor under section 49N,

(b)

a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N,

(c)

a decision by the Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4) of the Abolition of the Tribunal Regulations,

(d)

a decision by the Tribunal, which applies to the whole of Wales and which is made after 13th December 2001;

“the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 11(3);

“the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service(4);

“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;

“Preliminary Proceedings Committee” means the Preliminary Proceedings Committee of the General Medical Council constituted under section 1(3) of the Medical Act;

“professional conduct” includes matters relating both to professional conduct and professional performance;

“Professional Conduct Committee” means the Professional Conduct Committee of the General Medical Council constituted under section 1(3) of the Medical Act;

“Primary Care Act” means the National Health Service (Primary Care) Act 1997(5);

“professional registration number” means the number against the doctor’s name in the register maintained by the General Medical Council, with the suffix of the organisational code given to the Health Authority by the Secretary of State on whose list he is included(6);

“services list” means a list prepared under section 28DA of the National Health Service Act 1977 or under section 8ZA of the Primary Care Act;

“suspended” means—

(a)

suspended by a Health Authority under section 49I or 49J or under regulations made under sections 28DA or 43D, or section 8ZA of the Primary Care Act,

(b)

in relation to Wales, suspended by the Tribunal,

(c)

in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in sections 49I or 49J,

and shall be treated as including a case where a person is treated as suspended by a Health Authority in England by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations,

• and “suspends” and “suspension” shall be construed accordingly;

• “the Tribunal” means the Tribunal constituted under section 46(7) for England and Wales, and which had effect in relation to England only until 14th December 2001.

(2) All references in these Regulations to sections are to sections of the National Health Service Act 1977 except where specified otherwise.

(3) Unless the context requires otherwise—

(a) any reference in these Regulations:

(i) to a numbered regulation is a reference to the regulation bearing that number in these Regulations,

(ii) to a numbered Part or Schedule is to the Part of, or Schedule to, these Regulations bearing that number, and

(b) any reference in a regulation or in a schedule to these Regulations to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or schedule.

(1)

S.I. 2001/3744.

(2)

1983 c. 54.

(3)

The NCAA was established by S.I. 2000/2961.

(4)

The National Health Service Counter Fraud Service may be contacted by writing to them at the 7th Floor, Hannibal House, Elephant and Castle, London SE1 6TE, or e-mailing them on [e-mail].

(5)

1997 c. 46.

(6)

Organisational Codes are issued by the Department of Health Organisational Codes Service, Room 380D, Skipton House, London SE1 6LH.

(7)

Section 46 was substituted by the Health Act 1999 c. 8.