The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2005

Amendments to the principal Regulations

4.  After regulation 4 of the principal Regulations (application for inclusion in a performers list) insert the following—

“Application for inclusion in a performers list by a performer already listed on a performers list of a primary care organisation

4A.— (1) An application by a performer already included in a performers list held by a primary care organisation shall be made by sending the Local Health Board an application in writing, which shall include the information mentioned in paragraph (2), the undertakings required by paragraph (3), the certificate required by paragraph (4), the consent required by paragraph (5), any declaration required under paragraph (6) and any further information, undertakings, consents or documentation required under paragraph (7).

(2) The performer shall provide the information as required by paragraphs (2)(a), (b), (c), (d), (g), (h), (i) and (j) of regulation 4.

(3) The performer shall provide the undertakings as required by paragraphs (3)(a), (b), (c), (d) and (e) of regulation 4.

(4) The performer shall provide an enhanced criminal record certificate as required by paragraph (3)(f) of regulation 4, unless the performer has provided a certificate to the primary care organisation with which he or she is listed which is dated within the six months immediately preceding the date upon which the performer makes the application under this Regulation to the Local Health Board, in which case the performer shall submit a copy of such certificate certified as a copy of the original by the primary care organisation on whose list the performer is included.

(5) The performer shall provide

(a) the consent as required by paragraph (3)(g) of regulation 4; and

(b) consent to the release of information about the performer by the primary care organisation on whose list the performer is, corresponding to the information set out under paragraph (2)(e) of regulation 4 and clinical references taken by the Local Health Board corresponding to the requirements set out in paragraph (2)(f) of that Regulation.

(6) The performer shall send with the application a declaration as required by paragraph (4) and, where applicable, paragraph (5) of regulation 4 and any requisite details as set out in those paragraphs.

(7) The performer shall provide the authority required by paragraph (6) and such further information or documentation as may be required by the Local Health Board by paragraph (7) of regulation 4.

(8) A performer, who has applied in accordance with this Regulation to a Local Health Board for inclusion in its performers list, may perform primary services, despite not being included in that performers list, until the first of the following events arises —

(a) the Local Health Board notifies the performer of its decision on that application; or

(b) the end of a period of 2 months, starting with the date on which the Local Health Board receives the application under this Regulation from the performer.

(9) A performer may not withdraw an application made under this Regulation whilst a Local Health Board is deciding that application.”