2.—(1) In this Part—
“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001(1);
“Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002(2);
“contingent removal” shall be construed in accordance with section 49G(3);
“doctor” means a registered medical practitioner;
“director” means—
a director of a body corporate; or
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 Local Health Board in Wales, a Health Board or an NHS trust in Scotland, a Health and Social Services Board in Northern Ireland, in relation to any time prior to 1st October 2002, a Health Authority in England or, in relation to any time prior to 1st April 2003, a Health Authority in Wales;
“equivalent list” means a list kept by an equivalent body;
“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S(4);
“fraud case” means a case where a person satisfies the second condition for removal from the medical list, set out in section 49F(3)(5) or, by virtue of section 49H, is treated as doing so;
“General Practice Registrar” means—
a doctor, or
a medical practitioner whose name appears in the register of medical practitioners with limited registration,
who is being trained in general practice by a GP trainer;
“GP trainer” means a doctor who falls within regulation 7(1) of the Vocational Training Regulations;
“Health Committee” means the Health Committee of the General Medical Council referred to in section 1(3) of the Medical Act;
“licensing or regulatory body” means a body that licenses or regulates any profession of which the doctor is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licences or regulates any such profession, its education, training or qualifications, outside the United Kingdom;
“list” means a list referred to in section 49N(1)(a) to (c);
“list-holding performer” means a doctor who both performs personal medical services and is required to hold a patient list;
“Medical Act” means the Medical Act 1983(6);
“medical list” means the list prepared by a Primary Care Trust under regulation 4 of the Medical Regulations;
“Medical Regulations” means the National Health Service (General Medical Services) Regulations 1992(7);
“a national disqualification” means a decision—
made by the FHSAA to nationally disqualify a doctor under section 49N;
to nationally disqualify a doctor under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or
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 or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;
“the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 11(8);
“the NHS Counter Fraud and Security Management Service” means the service with responsibility for policy and operational matters relating to the prevention, detection and investigation of fraud or corruption and the management of security in the National Health Service, established by the Counter Fraud Management Service Establishment and Constitution Order 2002(9);
“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;
“pilot scheme provider” means a doctor who both provides and performs personal medical services under the terms of the same pilot scheme;
“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, referred to in section 1(3) of the Medical Act;
“Primary Care Act” means the National Health Service (Primary Care) Act 1997(10);
“professional registration number” means the number against the doctor’s name in the register of medical practitioners;
“register of medical practitioners” means the register of doctors kept by virtue of section 2 of the Medical Act;
“supplementary list” means a list prepared by a Primary Care Trust under regulation 3 of the Supplementary List Regulations;
“Supplementary List Regulations” means the National Health Service (General Medical Services Supplementary List) Regulations 2001(11);
“suspended” means—
suspended by a Primary Care Trust or equivalent body under section 49I or 49J, regulations made under sections 28DA or 43D or under section 8ZA of the Primary Care Act, including these Regulations,
in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in or made under sections 28DA, 43D, 49I, 49J or under section 8ZA of the Primary Care Act,
and shall be treated as including a case where a person is treated as suspended by a Primary Care Trust or, prior to 1st October 2002, a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or in Wales, by a Local Health Board or, prior to 1st April 2003, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;
“the Tribunal” means the Tribunal constituted under section 46(12) for England and Wales, and which, except for prescribed cases, had effect in relation to England until 14th December 2001 and in relation to Wales until 26th August 2002(13);
“the Vocational Training Regulations” means the National Health Service (Vocational Training for General Medical Practice) Regulations 1997(14); and
“vocational training scheme” means a pre-arranged programme of training which is designed for the purpose of enabling a doctor to gain the medical experience prescribed by regulation 6(1) of the Vocational Training Regulations.
(2) All references in this Part to sections are to sections of the National Health Service Act 1977, except where specified otherwise.
Sections 49G to 49R were inserted by section 25 of the 2001 Act and amended by the 2002 Act, Schedule 2, paragraphs 21 to 28.
Section 49S was inserted by the 2001 Act, section 27(1) and amended by the 2002 Act, Schedule 1, paragraph 18.
Sections 49F and 49H were inserted by the 2001 Act, section 25; section 49F was amended by the 2002 Act, Schedule 2, paragraph 21.
The NCAA was established by S.I. 2000/2961; section 11 was amended by the 1995 Act, Schedule 1, paragraphs 1 and 2 and by the 1999 Act, section 65 and Schedule 4, paragraphs 4 and 6.
S.I 2002/3039. The NHS Counter Fraud and Security Management Service replaces the National Health Service Counter Fraud Service.
S.I. 2001/3740; amended by S.I. 2002/848, 1920 and 2469.
Section 46 was revoked by the 2001 Act, s. 67, Schedule 5, paragraph 5 and Schedule 6, part I.
See S.I. 2001/3738, article 2(5) and (6)(b), which sets out the prescribed cases for England and S.I. 2002/1919, article 2(2) and (3)(b), which sets out the prescribed cases for Wales.
S.I. 1997/2817, as amended by S.I. 1998/669.