The National Health Service (Performers Lists) Amendment Regulations 2005

Insertion of regulation 18A of the principal Regulations

8.  After regulation 18 of the principal Regulations, insert regulation 18A—

“National disqualification

18A.— (1) In this regulation and in regulation 19 “national disqualification” means the disqualification of the performer from inclusion in—

(a) a performer’s list;

(b) a list referred to in section 49N(1) prepared by a Primary Care Trust;

(c) a supplementary list prepared by a Primary Care Trust;

(d) a list of pharmacists performing local pharmaceutical services prepared by a Primary Care Trust,

or only from inclusion in one or more descriptions of such list prepared by a Primary Care Trust or an equivalent list, the description being that specified by the FHSAA in its decision.

(2) If a performer appeals to the FHSAA under regulation 15 and the FHSAA decides—

(a) to remove the appellant from a performers list; or

(b) to refuse to admit him to a performers list,

the FHSAA may also impose a national disqualification on that performer.

(3) A Primary Care Trust which has—

(a) removed a performer from its performers list; or

(b) refused to include him in its performers list,

may apply to the FHSAA for a national disqualification to be imposed on him.

(4) Any application under paragraph (3) must be made before the end of the period of three months beginning with—

(a) the date of the removal or the refusal; or

(b) 1st April 2006,

whichever is the later.

(5) If the FHSAA imposes a national disqualification on a person—

(a) no Primary Care Trust may include him in any list from which he has been so disqualified; and

(b) if he is included in any such list, a Primary Care Trust shall remove him from that list forthwith.

(6) The FHSAA may, at the request of a person upon whom it has imposed a national disqualification, review that disqualification.

(7) On a review under paragraph (6), the FHSAA may confirm or revoke that disqualification.

(8) Subject to regulation 19, a request referred to in paragraph (6) may not be made before the end of the period of—

(a) two years beginning with the date on which the national disqualification was imposed; or

(b) one year beginning with the date of the FHSAA’s decision on the last such review.”.