Explanatory Note

(This note is not part of the Regulations)

These regulations revoke and replace the National Health Service (Performers Lists) Regulations 2004 (S.I. 2004/585) (“the 2004 Regulations”).

Part 1 contains general provisions.

Regulation 3 requires the National Health Service Commissioning Board to prepare, maintain and publish performers lists of medical, dental and ophthalmic practitioners. Regulations 4 and 5 provide for applications for inclusion in a performers list and for their consideration. Regulation 6 provides for applications for readmission after removal following a conviction where the conviction is overturned. Regulation 7 provides for decisions on applications and for the refusal of applications in certain circumstances. Regulation 8 allows for the deferral of decisions in specified circumstances. Regulation 9 sets requirements with which a practitioner on a performers list must comply.

Regulations 10 and 11 provide for a Practitioner's entry in a performers list to be subject to conditions and for the consequences of failure to comply with such conditions. Regulations 12 and 13 provide for the suspension of Practitioners in certain circumstances and make provision about payments to such Practitioners during the period of suspension. Regulations 14 and 15 provide for removals from performers lists. Regulations 16 and 17 provide for reviews and appeals. Regulation 18 makes provision for notifications about decisions under these Regulations. Regulation 19 provides for amendment of, or withdrawal from, performers lists. Regulation 20 contains restrictions on withdrawal from the performers lists. Regulation 21 makes provision about disclosure of information. Regulation 22 and Schedule 1 make provision about emergency registered practitioners.

Parts 2, 3 and 4 contain further provisions about the medical, dental and ophthalmic performers lists respectively.

Regulations 24, 31 and 37 specify who may perform primary medical services, primary dental services or primary ophthalmic services and that, save for specified exceptions, a Practitioner must satisfy certain requirements and be included in the relevant performers list in order to do so. Regulations 25, 32 and 38 provide for the contents of each performers list. Regulations 26, 33 and 39 provide for additional information, to that required under regulation 4, to be provided by an applicant for each performers list. Regulations 27, 34 and 40 provide for additional grounds for refusal in the case of each list to those specified in regulation 7. Regulations 28, 35 and 41 provide for additional grounds for removal from each performers list to those set out in regulation 14. Regulations 42 to 44 make provision for approval for the purposes of the ophthalmic performers list of ophthalmic medical practitioners.

Part 5 makes provision for transitional and savings provisions and for the revocation of the 2004 Regulations.