The National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations provide for a supplementary list to be kept by Health Authorities in accordance with the provisions of section 43D of the National Health Service Act 1977 (“the 1977 Act”).

Regulation 2 provides some definitions for the Regulations.

Regulation 3 provides that each Health Authority must prepare and publish a supplementary list.

Regulation 4 sets out how to apply to be included in the list, and requires certain information to be given.

Regulation 5 provides for a doctor to be readmitted to the list in certain circumstances.

Regulation 6 sets out the grounds on which the Health Authority may or must refuse to admit a doctor to the list, and the criteria to which they must have regard.

Regulation 7 sets out the circumstances in which a Health Authority may defer consideration of an application to include a doctor in the medical list, and the procedure to be followed.

Regulation 8 allows Health Authorities to enter a doctor’s name on the list subject to conditions, with the doctor’s consent, until any appeal has been decided.

Regulation 9 provides for a requirement that a doctor notify the Health Authority in writing within 7 days if the doctor, or a company of which the doctor is a director, incurs any criminal convictions or other specified matters.

Regulation 10 provides for the mandatory removal by a Health Authority of any doctor convicted of murder or of a criminal offence and sentenced to over 6 months, and for the discretionary removal on specified grounds.

Regulation 11 sets out the criteria for discretionary removals from the list.

Regulation 12 allows a Health Authority to impose conditions on a doctor who is on the list, and for the doctor to be removed if the doctor fails to comply with those conditions.

Regulation 13 provides for a Health Authority to suspend a doctor from the list if certain conditions are met and for the procedure to be followed.

Regulation 14 provides for review and the procedure to be followed by Health Authorities where the Health Authority decides to conditionally include, conditionally remove, or suspend a doctor from the medical list.

Regulation 15 provides for appeals from specified decisions to be heard by the FHSAA.

Regulation 16 provides for a Health Authority to notify specified persons of specified information relating to decisions to remove, impose conditions or suspend a doctor from the list.

Regulations 17 and 18 provide for the circumstances in which a doctor may withdraw from the list.

Regulation 19 provides for payments to suspended doctors.

Regulation 20 amends the statutory period for review set out in section 49N of the Act in specified circumstances.