The National Health Service (Performers Lists) (England) Regulations 2013

Consideration of applications

5.—(1) In considering a Practitioner’s application for inclusion in a performers list the Board is to—

(a) satisfy itself that it has checked all the information and documents the Practitioner has provided pursuant to these Regulations;

(b) check with the NHS Business Services Authority whether it has any record of fraud relating to the Practitioner, which information that Authority must supply;

(c) check with the NHSLA whether it has any record of past or current investigations or proceedings involving or relating to the Practitioner, which information the NHSLA must supply; and

(d) obtain and consider references from the referees named by the Practitioner under regulation 4(2)(f).

(2) If the Board cannot reach a decision on a Practitioner’s application on the information or documentation provided by the Practitioner, it may seek from the Practitioner such further information, references or other documentation as it may reasonably require in order to make a decision and the Practitioner must provide that material.

(3) Where it appears to the Board that it may assist its consideration of any information or documentation provided under paragraph (2) of regulation 4 or any declaration made under paragraph (5) or (7) of that regulation, the Board may request further information from—

(a) any employer or former employer of the Practitioner;

(b) any body corporate;

(c) the holder of any list;

(d) any regulatory or other body,

involved in the matter which is the subject of the information, declaration or other documentation provided by the Practitioner.

(4) Where the Board has made a request under paragraph (3), the Practitioner must consent to the provision of information in response to that request.