# The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023, Regulation 5: Consideration of applications


In regulation 5 (consideration of applications) of the 2013 Regulations—
(a) in paragraph (1)(b) before “check” insert “if the Practitioner is not a returning practitioner,”;
(b) for paragraph (1)(c) substitute—
“(c) if the Practitioner is not a returning practitioner, check with the NHSLA whether it holds any information set out in paragraph (1A) relating to the Practitioner, which information the NHSLA must supply;”;
(c) in paragraph (1)(d) after “the Practitioner” insert “, where the Practitioner is required to name referees”;
(d) after paragraph (1) insert—
“(1A) The information referred to in paragraph (1)(c) is—
(a) any information received by the NHSLA following a notification by the Board under regulation 18(1) (notification);
(b) any finding made by the NHSLA about the standard of practice or professional conduct of the relevant Practitioner, other than a finding that relates only to a compensation claim; and
(c) any information held by NHSLA relating to a Health Professional Alert Notice that has been issued in respect of the relevant Practitioner and has not been revoked.”;
(e) after paragraph (4) insert—
“(5) In paragraph (1A)(c) a “Health Professional Alert Notice” means a notice issued in accordance with the National Health Service Litigation Authority Directions 2013 stating that a named individual poses a significant risk of harm to patients, staff or the public and is likely to seek work in the NHS.”.

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Source: https://www.legislation.gov.uk/uksi/2023/828/regulation/5 (the official version)
Page: https://openlegislation.uk/national-health-service-performers-lists-england-amendment-no-2-regulations-2023/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.