The National Health Service (General Medical Services Contracts) Regulations 2015 No. 1862

PART 7 E+W Persons who perform services

Qualifications of performers: medical practitioners E+W

40.—(1) Subject to paragraph (2), a medical practitioner may not perform clinical services under the contract unless that medical practitioner is—

(a) included in the medical performers list;

(b) not suspended from that list or from the Medical Register; and

(c) not subject to interim suspension under section 41A of the Medical Act 1983 M1 (interim orders).

(2) Paragraph (1) does not apply to any medical practitioner who is an exempt medical practitioner within the meaning of paragraph (3) but only in so far as any medical services that the medical practitioner performs constitute part of a post-registration programme.

(3) For the purposes of this regulation, an “exempt medical practitioner” is—

(a) a medical practitioner employed by an NHS trust, an NHS foundation trust, a Health Board, or a Health and Social Services Trust who is providing services other than primary medical services at the practice premises;

(b) a person who is provisionally registered under section 15 M2 (provisional registration), 15A M3 (provisional registration for EEA nationals) or 21 M4 (provisional registration) of the Medical Act 1983, and who is acting in the course of that person's employment in a resident medical capacity in a programme;

(c) a GP Specialty Registrar who has applied to [F1 NHS England] to be included in its medical performers list until the occurrence of the first of the following events—

(i) [F1 NHS England] gives notice to the GP Specialty Registrar of its decision in respect of that application, or

(ii) the end of a period of three months, beginning with the date on which that GP Specialty Registrar begins a postgraduate medical education and training scheme necessary for the award of a CCT; or

(d) a medical practitioner who—

(i) is not a GP Specialty Registrar,

(ii) is undertaking a post-registration programme of clinical practice supervised by the General Medical Council,

(iii) has given notice to [F1 NHS England] of the intention to undertake part or all of a post-registration programme in England at least 24 hours before commencing any part of that programme, and

(iv) has, with the notice given, provided [F1 NHS England] with evidence sufficient for [F1 NHS England] to satisfy itself that the medical practitioner is undergoing a post-registration programme.

Textual Amendments

F1 Words in Regulations 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

Marginal Citations

M1 1983 c.54. Section 41A was inserted by S.I. 2015/794.

M2 1983 c.54. Section 15 was substituted by S.I. 2006/1914.

M3 1983 c.54. Section 15A was inserted by S.I. 2000/3041, and was amended by S.I. 2006/1914, S.I. 2007/3101 and S.I. 2011/1043.

M4 1983 c.54. Section 21 was amended by S.I. 1996/1591, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2007/3101.