{
  "url": "https://openlegislation.uk/national-health-service-performers-lists-regulations-2004/regulation-6",
  "json_url": "https://openlegislation.uk/national-health-service-performers-lists-regulations-2004/regulation-6.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/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Decisions and grounds for refusal",
  "text": "(1) The grounds on which a Primary Care Trust may refuse to include a performer in its performers list are, in addition to any prescribed in the relevant Part, that—\n(a) having considered the declaration required by regulation 4(4) and (if applicable) regulation 4(5), and any other information or documents in its possession relating to him, it considers that he is unsuitable to be included in its performers list;\n(b) having contacted the referees provided by him under regulation 4(2)(f), it is not satisfied with the references;\n(c) having checked with the NHS Counter Fraud and Security Management Service for any facts that it considers relevant relating to past or current fraud investigations involving or related to him, which that Service shall supply, and, having considered these and any other facts in its possession relating to fraud involving or relating to him, the Trust considers these justify such refusal;\n(d) having checked with the Secretary of State for any facts that he considers relevant relating to past or current investigations or proceedings involving or related to the performer, which he shall supply, and, having considered these and any other facts in its possession involving or relating to the performer, the Trust considers these justify such refusal; or\n(e) there are any grounds for considering that admitting him to its performers list would be prejudicial to the efficiency of the services, which those included in that list perform.\n(2) The grounds on which a Primary Care Trust must refuse to include a performer in its performers list are, in addition to any prescribed in the relevant Part, that—\n(a) he has not provided satisfactory evidence that he intends to perform the services, which those included in the relevant performers list perform, in its area;\n(b) it is not satisfied he has the knowledge of English which, in his own interests or those of his patients, is necessary in performing the services, which those included in the relevant performers list perform, in its area;\n(c) he has been convicted in the United Kingdom of murder;\n(d) he has been convicted in the United Kingdom of a criminal offence, committed on or after the day prescribed in the relevant Part, and has been sentenced to a term of imprisonment of over six months;\n(e) he is subject to a national disqualification;\n(f) he has not updated his application in accordance with regulation 7(4); or\n(g) in a case to which regulation 15(4) applies, he does not notify it under regulation 15(5) that he wishes to be included in its performers list subject to the specified conditions.\n(3) Before making a decision on the performer’s application, the Primary Care Trust shall—\n(a) check, as far as reasonably practicable, the information he provided, in particular that provided under regulation 4(4) and (if applicable) (5) or as required by the relevant Part, and shall ensure that it has sight of relevant documents;\n(b) check with the NHS Counter Fraud and Security Management Service whether he has any record of fraud, which information that Service shall supply;\n(c) check with the Secretary of State as to any information held by him as to any record about past or current investigations or proceedings involving or related to that performer, which information he shall supply; and\n(d) take up the references that he provided under regulation 4(2)(f).\n(4) Where the Primary Care Trust is considering a refusal of the performer’s application under paragraph (1) or (2), it shall consider all facts which appear to it to be relevant and shall in particular take into consideration, in relation to paragraph (1)(a), (c) or (d)—\n(a) the nature of any offence, investigation or incident;\n(b) the length of time since any offence, incident, conviction or investigation;\n(c) whether there are other offences, incidents or investigations to be considered;\n(d) any action or penalty imposed by any licensing, regulatory or other body, the police or the courts as a result of any such offence, incident or investigation;\n(e) the relevance of any offence, investigation or incident to his performing the services, which those included in the relevant performers list perform, and any likely risk to his patients or to public finances;\n(f) whether any offence was a sexual offence to which Part I of the Sexual Offences Act 1997 applies, or if it had been committed in England or Wales, would have applied;\n(g) whether he has been refused admission to, or conditionally included in, or removed, contingently removed or is currently suspended from, any list or any equivalent list, and if so, the facts relating to the matter which led to such action and the reasons given by the Primary Care Trust or equivalent body for such action; and\n(h) whether he was at the time, has in the preceding six months been, or was at the time of the originating events a director of a body corporate, which was refused admission to, conditionally included in, removed or contingently removed from, any list or equivalent list or is currently suspended from any such list, and if so, what the facts were in each such case and the reasons given by the Primary Care Trust or equivalent body in each case.\n(5) When the Primary Care Trust takes into consideration any of the matters set out in paragraph (4), it shall consider the overall effect of all the matters being considered.\n(6) When the Primary Care Trust has decided whether or not to include a performer in its performers list, it shall notify him within 7 days of that decision of—\n(a) that decision; and\n(b) if it has decided not to include him, the reasons for that (including any facts relied upon) and of any right of appeal under regulation 15 against that decision.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1997 c. 51."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words inserted",
      "affecting": "uksi/2010/412",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2010"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2010/412",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2010"
    },
    {
      "type": "added",
      "affecting": "uksi/2005/3491",
      "affecting_title": "The National Health Service (Performers Lists) Amendment Regulations 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/893",
      "affecting_title": "The National Health Service (Primary Medical Services) (Miscellaneous Amendments) Regulations 2005"
    },
    {
      "type": "words inserted",
      "affecting": "uksi/2006/635",
      "affecting_title": "The Special Health Authorities Abolition Order 2006"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2006/635",
      "affecting_title": "The Special Health Authorities Abolition Order 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/585/regulation/6",
    "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."
}