Explanatory note

These Regulations revoke and replace the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) (the “2004 Regulations”).

The Regulations provide for lists of persons performing primary medical services and primary dental services to be kept by Local Health Boards in accordance with sections 49, 63, 115(9) and 203(9) and (10) of the National Health Service (Wales) Act 2006 (c. 42).

Part 1 (regulations 1 and 2) contains general provisions and provides some definitions for the Regulations.

Part 2 (regulations 3 to 25) contains general provisions relating to performers lists.

The Regulations require a Local Health Board to prepare, maintain, publish and make available for public inspection, a medical performers list and a dental performers list. They set out how a practitioner can apply for inclusion in a performers list and how applications are to be considered and determined by Local Health Boards.

The Regulations set out requirements with which a practitioner listed in a performers list must comply, and for a practitioner’s inclusion in a performers list to be subject to conditions in certain prescribed circumstances. They set out when a Local Health Board may or must suspend or remove a practitioner from its performers list. They set out arrangements for the review and appeal of a Local Health Board’s decision under the Regulations.

The Regulations make provision for withdrawal from performers lists, for the disclosure of information by a Local Health Board to specified persons, and for a Local Health Board to notify specified persons of certain decisions and events.

In addition, there is provision for the inclusion of emergency registered practitioners in performers lists.

Part 3 (regulations 26 to 32) contains further provisions about medical performers.

The Regulations require, subject to specified exceptions, that a medical practitioner must be a general medical practitioner and must be included in a medical performers list to perform primary medical services.

There is provision for supplementary information to be provided in an application for inclusion in a medical performers list. There are additional grounds for refusal of an application and for removal from a medical performers list. Part 4 (regulations 33 to 40) contains further provisions about dental performers lists.

The Regulations require, subject to a specified exception, that dental practitioners must be included in a dental performers list to provide primary dental services.

There is provision for supplementary information to be provided in an application for inclusion in a dental performers list.

There are additional grounds for the refusal of an application and for removal from a dental performers list

Part 5 (regulations 41 to 43) revokes the 2004 Regulations and makes transitional, savings and consequential provisions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.