# The National Health Service (Performers Lists) (Wales) Regulations 2026, Regulation 11: Requirements with which a practitioner included in a performers list must comply


(1) Where a practitioner is included in a performers list, the practitioner must comply with the requirements applicable to the practitioner under this regulation.
(2) A practitioner must make a declaration to the Local Health Board during each reporting period confirming that they continue to perform services that are regulated under regulation 27 or regulation 35, as the case may be.
(3) The reporting periods in paragraph (2) are—
(a) the period beginning with 1 April 2026 and ending with 31 March 2027, and
(b) each subsequent period of 12 months.
(4) The practitioner must make a declaration to the Local Health Board if the practitioner—
(a) is convicted of a criminal offence in the United Kingdom,
(b) is bound over following a criminal conviction in the United Kingdom,
(c) accepts a police caution in the United Kingdom,
(d) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or a compensation offer under section 302A of that Act (compensation offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution),
(e) has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 (admonition and absolute discharge) discharging the practitioner absolutely,
(f) is convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales,
(g) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence,
(h) is involved in an inquest as an interested person within the meaning of section 47(2)(f) (a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so) of the Coroners and Justice Act 2009,
(i) is informed by any regulatory or other body of the outcome of any investigation which includes a finding adverse to the practitioner,
(j) becomes the subject of any investigation by any regulatory or other body,
(k) becomes the subject of any investigation in respect of any current or previous employment, or is informed of the outcome of any such investigation, which includes a finding adverse to the practitioner,
(l) becomes to the practitioner’s knowledge the subject of any investigation by the NHS Counter Fraud Authority in relation to fraud, or is informed of the outcome of such an investigation which includes a finding adverse to the practitioner,
(m) becomes the subject of any investigation by the holder of any list which could lead to the practitioner’s removal from the list,
(n) is removed or suspended from, refused inclusion in, or included subject to conditions in, any list, or
(o) becomes subject to a national disqualification.
(5) A declaration regarding any matter under paragraph (4) is to be in writing, given within 7 days of its occurrence and is to include—
(a) an explanation of the facts giving rise to that matter, including details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place and any outcome, and
(b) copies of any relevant documents.
(6) A practitioner must make a declaration to the Local Health Board if the practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director of a body corporate that—
(a) is convicted of a criminal offence in the United Kingdom,
(b) is convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales,
(c) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence,
(d) is informed by any regulatory or other body of the outcome of any investigation which includes a finding adverse to the body corporate,
(e) becomes the subject of any investigation by any regulatory or other body,
(f) becomes the subject of any investigation in relation to fraud, or is informed of the outcome of any such investigation, which includes a finding adverse to the body corporate,
(g) becomes the subject of any investigation by the holder of any list which might lead to its removal from that list,
(h) is removed or suspended from, refused inclusion in or included subject to conditions in, any list,
(i) is involved in an inquest as an interested person within the meaning of section 47(2)(f) (a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so) of the Coroners and Justice Act 2009, or
(j) becomes subject to a national disqualification.
(7) A declaration regarding any matter under paragraph (6) is to be in writing, given within 7 days of its occurrence and is to include—
(a) the name and registered address of the body corporate,
(b) an explanation of the facts giving rise to that matter, including details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place and any outcome, and
(c) copies of any relevant documents.
(8) Where it appears to the Local Health Board that it may assist its consideration of any declaration made under paragraph (4) or (6) to do so, the Local Health Board may request further information from any of the following—
(a) any current or former employer of the practitioner;
(b) any body corporate;
(c) the holder of any list;
(d) any regulatory or other body
provided that person is involved in the matter which is the subject of the declaration.
(9) Where a Local Health Board has made a request under paragraph (8), the practitioner must consent to the provision of information in response to that request.
(10) Where a Local Health Board reasonably requests it, a practitioner must supply that Local Health Board with an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) which includes suitability information relating to children and suitability information relating to vulnerable adults under sections 113BA and 113BB of that Act respectively and which is dated after the date of the Local Health Board’s request.
(11) Where a Local Health Board reasonably requests it, if the practitioner has never resided in the United Kingdom, the practitioner must supply—
(a) a certificate issued by an authority of the country in which they are currently residing which is equivalent to an enhanced criminal record certificate, or
(b) if the practitioner is unable to obtain such a certificate, a statement in writing demonstrating that the practitioner has taken all reasonable steps to obtain such a certificate.
(12) A practitioner must comply with any undertaking given pursuant to the practitioner’s application for inclusion in any performers list, previous performers list, or any list from which the practitioner has transferred under Schedule 1 to the 2004 Regulations or the Schedule to the National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006.
(13) A practitioner must participate in any appraisal system provided on behalf of the Local Health Board with which they are listed, except where the relevant provision provides otherwise, and send the Local Health Board a copy of the statement summarising that appraisal.
(14) The requirement in paragraph (13) does not apply in the case of a Type 1 armed forces GP, but a Type 1 armed forces GP is to give an undertaking to provide the Local Health Board with a copy of any annual appraisal of the practitioner relating to the practitioner’s provision of medical services as a Type 1 armed forces GP.
(15) A practitioner must comply with any conditions imposed by the Local Health Board or the First-tier Tribunal on the practitioner’s inclusion in a performers list under regulation 12, 13, 14, 18 or 19.

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Source: https://www.legislation.gov.uk/wsi/2026/63/regulation/11 (the official version)
Page: https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.