Interpretation and modification2

• “Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 M1;

• “Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 M2;

• F6“the Amendment Regulations” means the National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006;

• “armed forces” means the United Kingdom Armed Forces of Her Majesty;

• “contingent removal” shall be construed in accordance with regualtion12;

• F6“dental list” means the list prepared by a Local Health Board under regulation 4(1) of the Dental Regulations;

• F6“dental performers list” means the list prepared by a Local Health Board and published pursuant to regulation 3(1)(b);

• F6“the Dental Regulations” means the National Health Service (General Dental Services) Regulations 1992;

• “director” means —

  1. a

     a director of a body corporate; or

  2. b

     a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

• “employment” means any employment, whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;

• “equivalent body” means F14NHS England in England, a Health Board or an NHS trust in Scotland, a Health and Social Services Board in Northern Ireland, in relation to any time prior to 1st April 2003 a Health Authority in Wales, F8in relation to any time prior to 1st April 2013 and after 30th September 2002, a Primary Care Trust in England, or in relation to any time prior to 1st October 2002, a Health Authority in England;

• “equivalent list” means a list kept by an equivalent body;

• “FHSAA” means the Family Health Services Appeal Authority constituted under section 49S M3;

• “fraud case” means a case where a person satisfies the second condition for removal from the medical performers list, set out in section 49F(3) M4 or, by virtue of section 49H, is treated as doing so;

• F12“indemnity arrangement” means an arrangement which may comprise—

  1. a

     a policy of insurance;

  2. b

     an arrangement made for the purposes of indemnifying a person; or

  3. c

     a combination of a policy insurance and an arrangement made for the purposes of indemnifying a person;

• “licensing or regulatory body” means a body that licenses or regulates any profession of which the performer is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licences or regulates any such profession, its education, training or qualifications, outside the United Kingdom;

• “list” means list referred to in section 49N(1)(a) to (c) M5, F3a performers list, a dental list, a medical list, a services list or a supplementary list;

• “medical list” means the list prepared by the Local Health board under regulation 4 of the Medical Regulations;

• “medical performers list” means a list of medical performers prepared and published pursuant to F4regulation 3(1)(a);

• “Medical Regulations” means the National Health Service (General Medical Services F15Contracts) F13(Wales) Regulations 2023;

• “a national disqualification” means a decision —

  1. a

     made by the F7First-tier Tribunal to nationally disqualify a performer under section 49N F5or under regulations corresponding to that section made under section 28X(4) (persons performing primary medical and dental services);

  2. b

     to nationally disqualify a performer under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or

  3. c

     by the Tribunal, which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;

• “the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 11 M6;

• F9“NICE” means the National Institute for Health and Clinical Excellence established as a Special Health Authority by the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999;

• “the NHSLA” means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995;

• “the NHS Counter Fraud and Security Management Service” means the service with responsibility for policy and operational matters relating to the prevention, detection and investigation of fraud or corruption and the management of security in the National Health Service, established by the Counter Fraud Management Service (Establishment and Constitution) Order 2002 M7;

• “notice” means a notice in writing (including electronically) and “notify” shall be construed accordingly;

• F2“the NPSA” means the National Patient Safety Agency established as a special health authority under section 11;

• “originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;

• “performer” means a health care professional;

• “performers list” means a list prepared and published pursuant to regulation 3(1);

• “previous list” means a list in which the performer’s name was included prior to inclusion in the performer’s list;

• “Primary Care Act” means the National Health Service (Primary Care) Act 1997 M8

• F1“primary care organisation” means in respect of Wales a Local Health Board, in respect of England F10F14NHS England, in respect of Scotland a Health Board and in respect of Northern Ireland a Health and Social Services Board or such successor bodies to those primary care organisations as may exist from time to time.

• “professional conduct” includes matters relating both to professional conduct and professional performance;

• “relevant body” means the body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 M9, which regulates the profession of the performer;

• “relevant performers list” means the performers list applicable to that description of performer;

• “relevant Part” means the Part, other than Part I, of these Regulations applicable to the description of performer therein prescribed;

• “services list” means a list prepared by a Primary Care Trust under regulation 3 of the Services List Regulations;

• “Services List Regulations” means the Regulations, if any, prepared by a Primary Care Trust under sections 8ZA, 9 and 39 of the Primary Care Act M10;

• “supplementary list” means a list prepared by a Local Health Board under regulation 3 of the Supplementary List Regulations;

• “Supplementary List Regulations” means the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002 M11;

• “suspended” means —

  1. a

     suspended by a Local Health Board or equivalent body under section 49I M12, or 49J M13, regulations made under section 43D M14 or under section 8ZA M15 of the Primary Care Act, including these Regulations,

  2. b

     in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in or made under sections 28DA M16, 43D, 49I, 49J or under section 8ZA of the Primary Care Act,

  and shall be treated as including a case where a person is treated as suspended by a Local Health Board or, prior to 1st April 2003, a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, or in England F11by F14NHS England or, after 30th September 2002 and prior to 1st April 2013, by a Primary Care Trust or, prior to 1st October 2002, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, and “suspends” and “suspension” shall be construed accordingly;

• “the Tribunal” means the Tribunal constituted under section 46 M17 for England and Wales, and which, except for prescribed cases, had effect in relation to England until 14th December 2001 and in relation to Wales until 26th August 2002 M18; and

all references to sections are to sections of the National Health Service Act 1977, except where specified otherwise.