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

Consideration of applications E+W

5.—(1) In considering a Practitioner's application for inclusion in a performers list [F1 NHS England] is to—

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

(b) [F2 if the Practitioner is not a returning practitioner,] check with the [F3 NHS Counter Fraud Authority] whether it has any record of fraud relating to the Practitioner, which information that Authority must supply;

[F4 (c) if the Practitioner is not a returning practitioner, check with the NHSLA whether it holds any information set out in paragraph (1A) relating to the Practitioner, which information the NHSLA must supply;]

(d) obtain and consider references from the referees named by the Practitioner [F5 , where the Practitioner is required to name referees] under regulation 4(2)(f).

[F6 (1A) The information referred to in paragraph (1)(c) is—

(a) any information received by the NHSLA following a notification by [F1 NHS England] under regulation 18(1) (notification);

(b) any finding made by the NHSLA about the standard of practice or professional conduct of the relevant Practitioner, other than a finding that relates only to a compensation claim; and

(c) any information held by NHSLA relating to a Health Professional Alert Notice that has been issued in respect of the relevant Practitioner and has not been revoked.]

(2) If [F1 NHS England] 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 [F1 NHS England] 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, [F1 NHS England] 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 [F1 NHS England] has made a request under paragraph (3), the Practitioner must consent to the provision of information in response to that request.

[F7 (5) In paragraph (1A)(c) a “Health Professional Alert Notice” means a notice issued in accordance with the National Health Service Litigation Authority Directions 2013 stating that a named individual poses a significant risk of harm to patients, staff or the public and is likely to seek work in the NHS.]

Textual Amendments

F1 Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

F2 Words in reg. 5(1)(b) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 5(a)

F3 Words in reg. 5(1)(b) substituted (1.11.2017) by The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017 (S.I. 2017/960), arts. 1(1), 4(4)(b)

F4 Reg. 5(1)(c) substituted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 5(b)

F5 Words in reg. 5(1)(d) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 5(c)

F6 Reg. 5(1A) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 5(d)

F7 Reg. 5(5) inserted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 5(e)