{
  "url": "https://openlegislation.uk/national-health-service-performers-lists-regulations-2004/regulation-2",
  "json_url": "https://openlegislation.uk/national-health-service-performers-lists-regulations-2004/regulation-2.json",
  "legislation": "uksi/2004/585",
  "legislation_title": "The National Health Service (Performers Lists) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/national-health-service-performers-lists-regulations-2004",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "Interpretation and modification",
  "text": "(1) In these Regulations—\n“Abolition of the Tribunal Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001;\n“Abolition of the Tribunal (Wales) Regulations” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002;\n“armed forces” means the United Kingdom Armed Forces of Her Majesty;\n“contingent removal” shall be construed in accordance with regulation 12;\n“director” means—\n(a) a director of a body corporate; or\n(b) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);\n“employment” means any employment, whether paid or unpaid and whether under a contract for services or a contract of service and “employed” and “employer” shall be construed accordingly;\n“equivalent body” means a Local Health Board in Wales, a Health Board or an NHS trust in Scotland, a Health and Social Services Board in Northern Ireland, in relation to any time prior to 1st October 2002 a Health Authority in England or, in relation to any time prior to 1st April 2003, a Health Authority in Wales;\n“equivalent list” means a list kept by an equivalent body;\n“FHSAA” means the Family Health Services Appeal Authority constituted under section 49S;\n“fraud case” means a case where a person satisfies the second condition for removal from the performers list, set out in section 49F(3) or, by virtue of section 49H, is treated as doing so;\n“licensing or regulatory body” means a body that licenses or regulates any profession of which the performer is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom;\n“list” means a list referred to in section 49N(1)(a) to (c), a medical list, a services list or a supplementary list;\n“medical list” means the list prepared by a Primary Care Trust under regulation 4 of the Medical Regulations;\n“medical performers list” means a list of medical practitioners prepared and published pursuant to regulation 3(1);\n“Medical Regulations” means the National Health Service (General Medical Services) Regulations 1992;\n“a national disqualification” means a decision—\n(a) made by the FHSAA to nationally disqualify a performer under section 49N;\n(b) to nationally disqualify a performer under provisions in force in Scotland or Northern Ireland corresponding to section 49N; or\n(c) by the Tribunal, which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;\n“the NCAA” means the National Clinical Assessment Authority established as a Special Health Authority under section 11;\n“the NHS Counter Fraud and Security Management Service” means the service with responsibility for policy and operational matters relating to the prevention, detection and investigation of fraud or corruption and the management of security in the National Health Service, established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002;\n“notice” means a notice in writing (including electronically) and “notify” shall be construed accordingly;\n“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;\n“performer” means a health care professional;\n“performers list” means a list prepared and published pursuant to regulation 3(1);\n“previous list” means a list in which the performer’s name was included prior to his inclusion in the performers list;\n“Primary Care Act” means the National Health Service (Primary Care) Act 1997;\n“professional conduct” includes matters relating both to professional conduct and professional performance;\n“relevant body” means the body for the time being mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002, which regulates the profession of the performer;\n“relevant performers list” means the medical performers list;\n“relevant Part” means Part 2;\n“services list” means a list prepared by a Primary Care Trust under regulation 3 of the Services List Regulations;\n“Services List Regulations” means the National Health Service (Personal Medical Services) (Services List) and the (General Medical Services) and (General Medical Services Supplementary List) Amendment Regulations 2003;\n“supplementary list” means a list prepared by a Primary Care Trust under regulation 3 of the Supplementary List Regulations;\n“Supplementary List Regulations” means the National Health Service (General Medical Services Supplementary List) Regulations 2001;\n“suspended”, unless the context otherwise requires, means—\n(a) suspended by a Primary Care Trust or equivalent body under section 49I or 49J, regulations made under section 43D or under section 8ZA of the Primary Care Act, including these Regulations;\n(b) in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in or made under sections 28DA, 43D, 49I, 49J or under section 8ZA of the Primary Care Act,\nand shall be treated as including a case where a person is treated as suspended by a Primary Care Trust or, prior to 1st October 2002, a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or, in Wales, by a Local Health Board or, prior to 1st April 2003, by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;\n“the Tribunal” means the Tribunal constituted under section 46 for England and Wales, and which, except for prescribed cases, had effect in relation to England until 14th December 2001 and in relation to Wales until 26th August 2002; and\nall references to sections are to sections of the National Health Service Act 1977, except where specified otherwise.\n(2) The provisions of this Part shall have effect subject to any modification or further provision in the relevant Part.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 2001/ 3744."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2002/1920."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "Section 49S was inserted by the 2001 Act, section 27(1) and amended by the National Health Service Reform and Health Care Professions Act 2002 (c. 17) (“the 2002 Act”), Schedule 1, paragraph 18."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "Section 49F was inserted by the 2001 Act, s. 25 and amended by the 2002 Act, Schedule 2, paragraph 21; provision corresponding to it may be made by virtue of the 2003 Act, s. 28X(4)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "Section 49H was inserted by the 2001 Act, s. 25; provision corresponding to it may be made by virtue of the 2003 Act, s. 28X(4)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 49N(1) was inserted by the 2001 Act, section 25 and amended by the 2002 Act, Schedule 2, paragraph 25 and the 2003 Act, Schedule 11, paragraph 24."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "S.I. 1992/635."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "The NCAA was established by S.I. 2000/2961; section 11 was amended by the 1995 Act, Schedule 1, paragraphs 1 and 2 and by the 1999 Act, section 65 and Schedule 4, paragraphs 4 and 6."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "S.I. 2002/3039; the NHS Counter Fraud and Security Management Service replaces the National Health Service Counter Fraud Service."
    },
    {
      "type": "footnote",
      "label": "f10",
      "text": "1997 c. 46."
    },
    {
      "type": "footnote",
      "label": "f11",
      "text": "2002 c. 17."
    },
    {
      "type": "footnote",
      "label": "f12",
      "text": "S.I. 2003/2644."
    },
    {
      "type": "footnote",
      "label": "f13",
      "text": "S.I. 2001/3740; amended by S.I. 2002/848, 1920 and 2469."
    },
    {
      "type": "footnote",
      "label": "f14",
      "text": "Section 49I was inserted by the 2001 Act, s. 25 and amended by the 2002 Act, Schedule 2, paragraph 21; provision corresponding to it may be made by virtue of the 2003 Act, s. 28X(4)."
    },
    {
      "type": "footnote",
      "label": "f15",
      "text": "Section 49J was inserted by the 2001 Act, s. 25 and amended by the 2002 Act, Schedule 2, paragraph 22; provision corresponding to it may be made by virtue of the 2003 Act, s. 28X(4)."
    },
    {
      "type": "footnote",
      "label": "f16",
      "text": "Section 43D was inserted by the 2001 Act, s. 24 and amended by the 2002 Act, Schedule 2, paragraph 20 and the 2003 Act, Schedule 11, paragraph 20."
    },
    {
      "type": "footnote",
      "label": "f17",
      "text": "Section 8ZA was inserted by section 26(2) of the 2001 Act and amended by the 2002 Act, Schedule 3, paragraph 3."
    },
    {
      "type": "footnote",
      "label": "f18",
      "text": "Section 28DA was inserted by the 2001 Act, s. 26(1)."
    },
    {
      "type": "footnote",
      "label": "f19",
      "text": "Section 46 was revoked by the 2001 Act, s. 67, Schedule 5, paragraph 5 and Schedule 6, part I."
    },
    {
      "type": "footnote",
      "label": "f20",
      "text": "See S.I. 2001/3738, article 2(5) and (6)(b), which sets out the prescribed cases for England and S.I. 2002/1919, article 2(2) and (3)(b), which sets out the prescribed cases for Wales."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2010/22",
      "affecting_title": "The Transfer of Tribunal Functions Order 2010"
    },
    {
      "type": "words added",
      "affecting": "uksi/2006/635",
      "affecting_title": "The Special Health Authorities Abolition Order 2006"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2006/635",
      "affecting_title": "The Special Health Authorities Abolition Order 2006"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2012/476",
      "affecting_title": "The Special Health Authorities (Establishment and Constitution Orders) Amendment Order 2012"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/502",
      "affecting_title": "The Special Health Authorities Abolition Order 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words added",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/585/regulation/2",
    "retrieved_at": "2026-10-29T05:30:47.975744+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}