# The National Health Service (Performers Lists) Amendment Regulations 2010, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the National Health Service (Performers Lists) Regulations 2004 (S.I.2004/585) (“the principal Regulations”) for two main purposes.
The first is to create, in relation to the medical performers list kept by each Primary Care Trust (PCT) under the principal Regulations, special listing procedures for medical practitioners who have been registered by the General Medical Council under their provisions for emergency registration of medical practitioners in section 18A of the Medical Act 1983 (c.54). These procedures enable such medical practitioners to apply to be included in the medical performers list of a PCT where they had been on such a list in the preceding five years and had only been removed from that list because they had not performed services for the PCT in the previous 12 months or for some other reason unconnected with the impairment of their fitness to practise. Such applicants need not supply all the information normally supplied by performers list applicants, but there are also additional information obligations placed upon them. Provision is also made about the grounds on which PCTs can refuse such applicants and the grounds on which emergency registered practitioners can be removed from a medical performers list. No appeal rights lie in respect of decisions of PCTs to refuse to include, or to remove, such practitioners from a medical performers list (regulations 6 to 8).
The second is to amend the dates prescribed in relation to mandatory refusal and removal from the ophthalmic performers list kept by each PCT (regulations 11 and 12), and a number of related changes are made as a consequence in respect of any performers (“affected ophthalmic performers”) who, prior to those amendments, were refused admission to, or removed from, an ophthalmic performers list where, had the dates prescribed by these Regulations been previously prescribed, the PCT would not have been obliged to refuse or remove them.
Regulation 3 provides that an affected ophthalmic performer is not required to disclose a particular type of refusal or removal in future applications for admission to a performers list. Regulation 4 provides that a PCT considering an affected ophthalmic performer’s application for admission to the PCT’s performers list must not take a particular type of refusal or removal into account. Regulation 5 makes similar provision where a PCT is considering whether to remove an affected ophthalmic performer from its performers list. Regulation 10 provides that, in some cases, a PCT may include an affected ophthalmic performer in its list without a full application, provided the PCT is satisfied there are no other matters that need to be taken into consideration. Regulation 13 inserts a new regulation 43 into the principal Regulations which describes the relevant refusals and removals of affected ophthalmic performers for the purposes of other provisions of the principal Regulations amended or inserted by these Regulations.
Regulation 9 corrects an erroneous reference in the interpretation provision at regulation 34 of the principal Regulations.

---
Source: https://www.legislation.gov.uk/uksi/2010/412/note (the official version)
Page: https://openlegislation.uk/national-health-service-performers-lists-amendment-regulations-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.