The National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003

Amendment of regulation 7

28.—(1) Regulation 7 (deferment of decision on application) of the Supplementary List Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) for sub-paragraphs (a) and (b) there shall be substituted—

“(a) where there are, in respect of the doctor—

(i) criminal proceedings in the United Kingdom, or

(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,

which, if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to the removal of the doctor from the Primary Care Trust’s supplementary list, if he had been included in it;

(b) in respect of a body corporate of which the doctor is, has in the preceding 6 months been, or was at the time of the originating events, a director, there are—

(i) criminal proceedings in the United Kingdom, or

(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence,

which, if they resulted in a conviction, or the equivalent of a conviction, would be likely to lead to the removal of the doctor from the Primary Care Trust’s supplementary list, if he had been included in it;”;

(b) in sub-paragraph (c) for “successful” there shall be substituted “adverse”;

(c) in sub-paragraph (h) for “the National Health Service Counter Fraud Service” there shall be substituted “the NHS Counter Fraud and Security Management Service”; and

(d) in sub-paragraph (i) “by the National Health Service Counter Fraud Service” shall be deleted.

(2) For paragraph (4) there shall be substituted—

“(4) Once the outcome of the relevant event mentioned in paragraph (1) is known, the Primary Care Trust shall notify the doctor in writing that he must within 28 days of the date of the notification (or such longer period as the Primary Care Trust may agree)—

(a) update his application; and

(b) confirm in writing that he wishes to proceed with his application.”.