PART IIAMENDMENTS TO THE SUPPLEMENTARY LIST REGULATIONS
Amendment of regulation 1132
1
Regulation 11 (criteria for removal) of the Supplementary List Regulations shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph—
1
Where a Primary Care Trust is considering whether to remove a doctor from its supplementary list under regulation 10(3) and (4)(c) (an unsuitability case), it shall—
a
consider any information relating to the doctor which it has received in accordance with regulation 9;
b
consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or relating to that doctor; and
c
in reaching its decision, take into consideration the matters set out in paragraph (2).
3
In paragraph (2)—
a
for “criteria” there shall be substituted “matters”;
b
for sub-paragraphs (b) to (f) there shall be substituted—
b
the length of time since any such offence, incident, conviction or investigation;
c
whether there are other offences, incidents or investigations to be considered;
d
any action taken or penalty imposed by any licensing or regulatory body, the police or the courts as a result of any such offence, incident or investigation;
e
the relevance of any offence, incident or investigation to his assisting in providing general medical services and the likely risk to patients or to public finances; and
f
whether any offence was a sexual offence to which Part I of the Sexual Offences Act 199761 applies, or if it had been committed in England and Wales, would have applied;
4
For paragraph (3) there shall be substituted—
3
Where a Primary Care Trust is considering whether to remove a doctor from its supplementary list under regulation 10(3) and (4)(b), it shall—
a
consider any information relating to the doctor which it has received in accordance with any provision of regulation 9;
b
consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or relating to that doctor; and
c
in reaching its decision, take into consideration the matters set out in paragraph (4).
5
In paragraph (4)—
a
for “criteria” there shall be substituted “matters”;
b
in sub-paragraph (a) for “any fraud cases” there shall be substituted “fraud”;
c
for sub-paragraph (b) there shall be substituted—
b
the length of time since the last incident of fraud occurred, and since any investigation into it was concluded;
d
in sub-paragraph (c) “cases” shall be deleted; and
e
in sub-paragraph (d) “the incident” shall be deleted and there shall be added at the end “any such offence, investigation or incident”.
6
For paragraph (5) there shall be substituted the following paragraph—
5
Where a Primary Care Trust is considering whether to remove a doctor from its supplementary list under regulation 10(3) and (4)(a) (“an efficiency case”), it shall—
a
consider any information relating to the doctor which it has received in accordance with any provision of regulation 9;
b
consider any information held by the Secretary of State as to any record about past or current investigations or proceedings involving or relating to that doctor; and
c
in reaching its decision, take into consideration the matters set out in paragraph (6).
7
In paragraph (6)—
a
for “criteria” there shall be substituted “matters”;
b
for sub-paragraphs (a) and (b) there shall be substituted—
a
the nature of any incident which was prejudicial to the efficiency of the general medical services that the doctor assisted in providing;
b
the length of time since the last incident occurred and since any investigation into it was concluded;
c
at the end of sub-paragraph (f) there shall be added “, the Medical Regulations or the Services List Regulations;”.