Regulation 5 Amendment of regulation 11
In regulation 11 (criteria for a decision on removal)—
(a)
in paragraphs (2)(g) and (4)(f), before each reference to “whether the performer has been refused”, insert “subject to paragraph (9),”;
(b)
in paragraph (6)(g), before the reference to “whether he has been refused”, insert “subject to paragraph (9),”; and
(c)
after paragraph (8), insert—
“(9)The Primary Care Trust must not take into account for the purposes of paragraphs (2)(g), (4)(f) or (6)(g), any refusal of admittance to a list or any removal from a list where—
(a)such refusal or removal relates to a person to whom regulation 43 applies; and
(b)that refusal or removal respectively falls within regulation 43(2)(c) or (3)(c).”.