- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the The National Health Service (Performers Lists) (Wales) Regulations 2004, Section 15.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
15.—(1) A performer may appeal (by way of redetermination) to the [F1First-tier Tribunal] against a decision of a Local Health Board mentioned in paragraph (2) F2... .
(2) The Local Health Board decisions in question are decisions —
(a)to refuse admission to a performers list under regulation 6(1);
(b)to impose a particular condition under regulation 8, or to vary any condition or to impose a different condition under that regulation;
(c)on a review, under regulation 14, of a conditional inclusion under regulation 8;
(d)to remove the performer under regulations 8(2), 10(3) or (6), 12(3)(c) or 15(6)(b);
(e)to impose a particular condition under regulation 12, or to vary any condition or to impose a different condition under that regulation;
(f)on a review, under regulation 14, of a contingent removal under regulation 12; and
(g)that the relevant Part prescribes that the performer may appeal to the [F3First-tier Tribunal].
(3) On appeal the [F4First-tier Tribunal] may make any decision which the Local Health Board could have made.
(4) Where the decision of the [F4First-tier Tribunal] on appeal is that the appellant’s inclusion in a performers list is to be subject to conditions, whether or not those conditions are identical with the conditions imposed by the Local Health Board, the Local Health Board shall ask the performer to notify it within 28 days of the decision (or such longer period as the Local Health Board may agree) whether the performer wishes to be included on its performers list subject to those conditions.
(5) If the performer notifies the Local Health Board that the performer does wish to be included in a performers list subject to the conditions, the Local Health Board shall so include the performer.
(6) Where the [F5First-tier Tribunal] on appeal decides to impose a contingent removal —
(a)the Local Health Board and the performer may each apply to the [F5First-tier Tribunal] for the conditions imposed on the performer to be varied, for different conditions to be imposed, or for the contingent removal to be revoked; and
(b)the Local Health Board may remove the performer from its performers list if it determines that the performer has failed to comply with any such condition.
Textual Amendments
F1Words in reg. 15(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 70(a)(i)
F2Words in reg. 15(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 70(a)(ii)
F3Words in reg. 15(2)(g) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 70(b)
F4Words in reg. 15(3)(4) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 70(b)
F5Words in reg. 15(6) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 3 para. 70(b)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: