Explanatory note

These Regulations amend the National Health Service (Performers Lists) (England) Regulations 2013 (S.I. 2013/335) (“the 2013 Regulations”).

Regulation 4 amends regulation 4 of the 2013 Regulations to change the information that must be provided in an application for inclusion in a performers list, including reduced requirements specific to GP Registrars completing their training and returning practitioners. Regulations 17 to 19 make similar reductions to the information required from returning practitioners under regulations 26, 33 and 39 of the 2013 Regulations in relation to the medical, dental and ophthalmic performers lists respectively. Regulation 5(a) reduces the initial checks carried out on a returning practitioner’s application, and regulation 8 inserts a new regulation 7A into the 2013 Regulations, requiring further checks to be carried out within 3 months of a returning practitioner’s inclusion and permitting the removal of a returning practitioner where justified by checks carried out after an application has been accepted. Regulation 5 also amends regulation 5 of the 2013 Regulations as regards the checks on applications that must be made with the National Health Service Litigation Authority.

Regulation 9 amends regulation 9 of the 2013 Regulations, introducing a requirement for an annual statement from practitioners that they continue to perform regulated services, and a requirement to provide information about any overseas criminal record.

Regulation 10 amends regulation 12 of the 2013 Regulations to provide that temporary conditions may be agreed with a Practitioner, if the Practitioner’s practice is to be subject to such temporary conditions pending a decision in a case. Regulation 12 amends regulation 16 of the 2013 Regulations as regards temporary conditions decided upon in the context of reviews, to reflect this change. As a consequence of this change, regulation 13 amends regulation 17 of the 2013 Regulations to remove the option of an appeal to the First-tier Tribunal in relation to conditions agreed with the Practitioner under regulation 12 of the 2013 Regulations.

Regulation 11 amends regulation 13 of the 2013 Regulations to require that any application for payments during a period of suspension must be made within 90 days of the decision to suspend. It also requires a Practitioner to make any request for reconsideration of a decision on payments within 28 days of that decision.

Regulation 14 inserts a new regulation 17A into the 2013 Regulations, modifying in certain circumstances the review period applying to a decision of the First-tier Tribunal imposing a national disqualification from a performers list under section 159 of the National Health Service Act 2006.

Regulation 15 amends regulation 18 of the 2013 Regulations to make clear that there is no obligation to notify a deceased Practitioner where they are removed from a performers list following their death.

Regulation 16 amends regulation 24 of the 2013 Regulations, so that GP Registrars are not required to be included in the medical performers list in order to perform primary medical services, insofar as those services are part of a post-registration programme of supervised clinical practice.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.