Insertion of regulation 18A of the principal Regulations8
After regulation 18 of the principal Regulations, insert regulation 18A—
National disqualification18A
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.