Regulation 14 Removal from a performers list

England and Wales

(1)

F1NHS England must remove a Practitioner from a performers list where the grounds in regulations 28(1), 35(1) or 41(1) apply or where it becomes aware that the Practitioner—

(a)

has been convicted in the United Kingdom of murder;

(b)

is subject to a national disqualification which disqualifies the Practitioner from inclusion in the performers list in question;

(c)

has died; or

(d)

is no longer registered with the Practitioner's relevant body.

(2)

Where NHS England is notified by the First-tier Tribunal that it has considered an appeal by a Practitioner against conditions imposed under regulation 10 and has decided to remove the Practitioner instead, NHS England is to remove the Practitioner from the performers list and must immediately notify the Practitioner that it has done so.

(3)

NHS England may remove a Practitioner from a performers list where any one of the following is satisfied—

(a)

the Practitioner has been convicted in the United Kingdom of a criminal offence (other than murder), committed on or after the day prescribed in the relevant Part, and has been sentenced to a term of imprisonment (whether suspended or not) of over six months;

(b)

the Practitioner's continued inclusion in that performers list would be prejudicial to the efficiency of the services which those included in that performers list perform (“an efficiency case”);

(c)

the Practitioner—

(i)

has (whether on the Practitioner's own or together with another person) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for the Practitioner or another person any financial or other benefit, and

(ii)

knew that the Practitioner or the other person was not entitled to the benefit (“a fraud case”); or

(d)

the Practitioner is unsuitable to be included in that performers list (“an unsuitability case”).

(4)

For the purposes of paragraph (3)(c)—

(a)

the following are “health schemes”—

(i)

the services included in the definition of “health scheme” in section 151(7) of the 2006 Act (disqualification of practitioners),

(ii)

health services, including medical and surgical treatment, provided by the armed forces,

(iii)

services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 1984 M1,

(iv)

medical services provided to a prisoner in the care of a medical officer or other officer of a prison appointed for the purposes of section 7 of the Prison Act 1952 (prison officers) M2, and

(v)

publicly-funded health services provided by or on behalf of any organisation anywhere in the world; and

(b)

a Practitioner must be treated as meeting the conditions referred to if—

(i)

another person, because of an act or omission of that person in the course of providing on the Practitioner's behalf any services which those included on the relevant performers list perform, meets that condition, and

(ii)

the Practitioner failed to take all such steps as were reasonable to prevent acts or omissions falling within paragraph (3)(c)(i) occurring in the course of the provision of those services on the Practitioner's behalf.

(5)

Where a Practitioner cannot demonstrate that the Practitioner has performed the services, which those included in the relevant performers list perform, during the preceding twelve months, NHS England may remove that Practitioner from the relevant performers list.

This is subject to paragraph (6).

(6)

Paragraph (5) does not apply in the case of a Type 1 or a Type 2 armed forces GP.

(7)

In calculating the period of twelve months referred to in paragraph (5), the following periods are to be disregarded—

(a)

any period during which the Practitioner was suspended under these Regulations;

(b)

any period during which the Practitioner was performing whole time service in the armed forces in a national emergency (as a volunteer or otherwise), compulsory whole-time service in the armed forces (including service resulting from reserve liability), or any equivalent service, if liable for compulsory whole-time service in the armed forces; or

(c)

any period which NHS England with good cause so determines.

This is subject to regulations 28(4), 35(4) and 41(3).

(8)

Where NHS England is considering removing a Practitioner from a performers list under paragraph (3) or (5) or regulation 11(1)(c) or 17(6)(b) it is to give the Practitioner—

(a)

notice of any allegation against the Practitioner;

(b)

notice of what action it is considering and on what grounds;

(c)

the opportunity to make written representations to it within a period of 28 days of the date of the notification under sub-paragraph (b); and

(d)

the opportunity to put the Practitioner's case at an oral hearing before it, if the Practitioner so requests, within the 28 day period mentioned in sub-paragraph (c).

(9)

After consideration of any representations made under paragraph (8)(c) and any oral hearing held under paragraph (8)(d), NHS England is to decide whether or not to remove the Practitioner and, within 7 days of making that decision, notify the Practitioner of—

(a)

that decision and the reasons for it (including any facts relied upon); and

(b)

any right of appeal under regulation 17.

(10)

When NHS England notifies a Practitioner under paragraph (9)(b), it is to—

(a)

notify the Practitioner that the right of appeal must be exercised within the period of 28 days beginning with the date of that notification; and

(b)

tell the Practitioner how to exercise any such right.

(11)

Where NHS England decides to remove a Practitioner from a performers list under paragraph (3) or (5) or regulation 11(1)(c), 16 or 17(6)(b), the Practitioner is not to be removed from the performers list until the later of —

(a)

the expiry of a period of 28 days starting with the day on which it reaches its decision; and

(b)

the date on which any appeal is disposed of by the First-tier Tribunal.

Annotations

Textual amendments

F1: Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1

Marginal citations

M1: 1984 c. 22.
M2: 1952 c. 52. Section 7 was amended by S.I. 1963/597, the Sex Discrimination Act 1975 (c. 65), section 18 and by the Offender Management Act 2007 (c. 21), sections 25 and 39 and Schedule 5, Part 2.