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

Consideration of applicationsE+W

This section has no associated Explanatory Memorandum

5.—(1) In considering a Practitioner's application for inclusion in a performers list [F1NHS England] is to—

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

(b)[F2if the Practitioner is not a returning practitioner,] check with the [F3NHS 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 [F1NHS 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relating to a Health Professional Alert Notice that has been issued in respect of the relevant Practitioner and has not been revoked.]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 [F1NHS 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 [F1NHS 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, [F1NHS 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 [F1NHS 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