Regulation 8 Insertion of regulation 18A of the principal Regulations

After regulation 18 of the principal Regulations, insert regulation 18A—

“National disqualification

18A

(1)

In this regulation and in regulation 19 “national disqualification” means the disqualification of the performer from inclusion in—

(a)

a performer’s list; and

(b)

a list referred to in section 49N(1) prepared by a Local Health Board,

or only from inclusion in one or more descriptions of such list prepared by a Local Health Board or an equivalent list, the description being that specified by the FHSAA in its decision.

(2)

If a performer appeals to the FHSAA under regulation 15 and the FHSAA decides—

(a)

to remove the appellant from a performers list; or

(b)

to refuse to admit the appellant to a performers list,

the FHSAA may also impose a national disqualification on that performer.

(3)

A Local Health Board which has—

(a)

removed a performer from its performers list; or

(b)

refused to include the performer in its performers list,

may apply to the FHSAA for a national disqualification to be imposed on the performer.

(4)

Any application under paragraph (3) must be made before the end of the period of three months beginning with—

(a)

the date of the removal or the refusal; or

(b)

1 April 2006,

whichever is the later.

(5)

If the FHSAA imposes a national disqualification on a person—

(a)

no Local Health Board may include that person in any list from which the person has been so disqualified; and

(b)

if that person is included in any such list, the Local Health Board will remove that person from that list forthwith.

(6)

The FHSAA may, at the request of a person upon whom it has imposed a national disqualification, review that disqualification.

(7)

On a review under paragraph (6), the FHSAA may confirm or revoke that disqualification.

(8)

Subject to regulation 19, a request referred to in paragraph (6) may not be made before the end of the period of—

(a)

two years beginning with the date on which the national disqualification was imposed; or

(b)

one year beginning with the date of the FHSAA’s decision on the last such review.”.