48.—(1) Regulation 18EE of the Medical Regulations (grounds for refusal)(1) shall be amended in accordance with the following provisions of this regulation.
(2) In paragraph (1)—
(a)for sub-paragraph (d) there shall be substituted—
“(d)having checked with the NHS Counter Fraud and Security Management Service for any facts that it considers relevant relating to past or current fraud investigations involving or related to the doctor and, having considered these and any other facts in its possession relating to fraud involving or relating to the doctor, the Primary Care Trust consider these justify such refusal;”; and
(b)at the end there shall be added—
“or
(f)having checked with the Secretary of State for any facts that he considers relevant relating to past or current investigations or proceedings involving or relating to the doctor and, having considered these and any other facts in its possession involving or relating to the doctor, the Primary Care Trust consider these justify such refusal.”.
(3) At the end of paragraph (3)(f) there shall be added “or, if it had been committed in England or Wales, would have applied”.
Regulation 18EE was inserted, in relation to England, by S.I. 2001/ 3742 and amended by S.I. 2002/554 and 2469.