Regulation 5A Applications from Practitioners included in an equivalent listF1

England and Wales

(1)

F2NHS England must, as soon as reasonably practicable after receiving an application for inclusion in a performers list, include the Practitioner on that list for the period specified in paragraph (2) if—

(a)

the Practitioner is already included in an equivalent list (and is not suspended from inclusion in that list);

(b)

the Practitioner’s inclusion in the equivalent list is not subject to any conditions;

(c)

the authority responsible for the equivalent list—

(i)

has not notified the Practitioner that it is considering removing the Practitioner from that list, imposing conditions, or suspending inclusion in that list, or

(ii)

if it has so notified the Practitioner, has subsequently notified the Practitioner that it has decided not to remove the Practitioner, impose any conditions, or F3suspend inclusion, as the case may be; and

(d)

the Practitioner has not previously made any other application to NHS England for inclusion in a performers list which NHS England has refused (and that refusal has not been challenged successfully on appeal).

(2)

The period referred to in paragraph (1) is—

(a)

the period beginning with the date on which NHS England receives the application and ending with the date on which NHS England, after considering the application in accordance with regulation 5 (consideration of applications), notifies the Practitioner that the Practitioner will—

(i)

continue to be included in the performers list,

(ii)

be removed from the performers list, or

(iii)

continue to be included in the performers list subject to conditions; or

(b)

if NHS England does not so notify the Practitioner before the end of the period of three months beginning with the date on which NHS England receives the application, that period.

(3)

Paragraph (1) and the ending of the Practitioner’s inclusion in a performers list by virtue of paragraph (2)(b) are without prejudice to—

(a)

regulation 5;

(b)

any decision NHS England may make, after considering the application in accordance with regulation 5, to include the Practitioner in the performers list;

(c)

any decision NHS England may make, after considering the application in accordance with regulation 5, refusing to include the Practitioner in the performers list under regulation 7 (decisions and grounds for refusal);

(d)

any decision NHS England may make, after considering the application in accordance with regulation 5, imposing conditions on the Practitioner’s inclusion in the performers list under regulation 10 (conditions).

Annotations

Textual amendments

F1: Reg. 5A inserted (31.5.2023) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023 (S.I. 2023/525), regs. 1(1), 3
F2: 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
F3: Word in reg. 5A(1)(c)(ii) substituted (18.9.2023) by The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023 (S.I. 2023/828), regs. 1(1), 6