Regulation 17 Appeals

England and Wales

(1)

A Practitioner may appeal (by way of redetermination) to the First-tier Tribunal against a decision of F1NHS England mentioned in paragraph (2). This is subject to paragraph (3).

(2)

A decision of NHS England referred to in paragraph (1) is a decision to—

(a)

refuse to include a Practitioner in a performers list on the grounds referred to in regulation 7(1);

(b)

impose, maintain or vary any conditions under regulation 10, 11 F2... or 16;

(c)

remove a Practitioner from a performers list under regulation 11(1)(c), 14(3) or (5), 16 or paragraph (6)(b) of this regulation; and

(d)

refuse to include—

(i)

a medical practitioner in the medical performers list under regulation 27(1),

(ii)

a dental practitioner in the dental performers list under regulation 34(1) or (2), or

(iii)

an ophthalmic practitioner in the ophthalmic performers list under regulation 40(1).

(3)

There is no right of appeal under paragraph (1) against a decision of NHS England—

(a)

to refuse to include a Practitioner in the medical performers list where the Practitioner has applied to be included in that list in accordance with regulation 22 and Schedule 1; or

(b)

to remove an emergency registered practitioner from the medical performers list.

(4)

On appeal, the First-tier Tribunal may make any decision which NHS England could have made.

(5)

Where the decision of the First-tier Tribunal on appeal is that the Practitioner's initial inclusion in a performers list is to be subject to conditions, whether or not those conditions are identical with any conditions imposed by NHS England, the Practitioner must notify NHS England within 28 days of the First-tier Tribunal's decision whether the Practitioner wishes to be included in its performers list subject to those conditions.

(6)

Where the First-tier Tribunal decides to impose conditions on the inclusion of a Practitioner in a performers list—

(a)

either NHS England or the Practitioner may apply to the First-tier Tribunal for the conditions to be varied or for different conditions to be imposed;

(b)

NHS England may, after satisfying the requirements of regulation 14(8) to (11), remove the Practitioner from the performers list if it determines that the Practitioner has failed to comply with any such conditions.

(7)

Following an appeal under paragraph (1), the First-tier Tribunal may, following a request from the Practitioner or on its own initiative, review the First-tier Tribunal's earlier decision.

(8)

A request referred to in paragraph (7) may not be made within the period of one year beginning with the date of the First-tier Tribunal's last decision on the appeal. This is subject to paragraph (9).

(9)

When, on making a decision on appeal, the First-tier Tribunal states that it is of the opinion that there is no realistic prospect of a further review being successful if held at the expiry of the one year period referred to in paragraph (8), the reference to “one year” in paragraph (8) is to be treated as a reference to three years.

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
F2: Word in reg. 17(2)(b) omitted (18.9.2023) by virtue of The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 13