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;”.