Regulation 17 Criteria for a decision on removal
Where a Local Health Board is considering whether to remove a practitioner from its performers list under regulation 16(3)(b) (“an efficiency case”), it must consider—
any information relating to the practitioner which it has received under regulation 11,
any information held by the NHS Resolution about past or current investigations or proceedings involving or relating to that practitioner which information that authority must supply if the Local Health Board so requests, and
the matters set out in paragraph (2).
The matters referred to in paragraph (1) are—
the nature of any incident which was prejudicial to the efficiency of the services, which the practitioner performed,
the length of time since the last incident occurred and since any investigation into it was concluded,
any action taken by any regulatory or other body (including the police or the courts) as a result of any such incident,
the relevance of the incident to the practitioner’s performance of the services which those included in the relevant performers list perform, and the likely risk to patients or to public finances,
whether the practitioner has ever failed to comply with a request to undertake an assessment by NHS Resolution or any of its predecessor bodies,
whether the practitioner has previously failed to supply information, make a declaration or comply with an undertaking required on inclusion in a performers list or previous performers list,
whether, in respect of any list, the practitioner—
was refused inclusion in it,
was included in it subject to conditions,
was removed from it, or
is currently suspended from it,
and, if so, the facts relating to the incident which led to such action and the reasons given for such action by the holder of the list and
whether, in respect of any list, the practitioner was at the time of the originating event or in the 6 months preceding that event, a director of a body corporate, which—
was refused inclusion in it,
was included in it subject to conditions,
was removed from it, or
is currently suspended from it,
and, if so, the facts relating to the incident which led to such action and the reasons given for such action by the holder of the list.
Where a Local Health Board is considering whether to remove a practitioner from its performers list under regulation 16(3)(c) (a “fraud case”) it must consider—
any information relating to the practitioner which it has received under regulation 11,
any information held by NHS Resolution about past or current investigations or proceedings involving or related to that practitioner, which information that authority must supply if the Local Health Board so requests,
any information held by the NHS Counter Fraud Authority about past or current investigations or proceedings involving or relating to that practitioner, which information that authority must supply if the Local Health Board so requests, and
the matters set out in paragraph (4).
Those matters are—
the nature of any incident of fraud,
the length of time since the last incident of fraud occurred, and since any investigation into it was concluded,
any action taken by any regulatory or other body (including the police or the courts) as a result of the incident,
the relevance of any investigation into an incident of fraud to the practitioner’s performance of the services which those included in the relevant performers list perform, and the likely risk to patients or to public finances,
whether, in respect of any list, the practitioner—
was refused inclusion in it,
was included in it subject to conditions,
was removed from it, or
is currently suspended from it;
and, if so, the facts relating to the incident which led to such action and the reasons given for such action by the holder of the list, and
whether, in respect of any list, the practitioner was at the time of the originating event or in the 6 months preceding that event, a director of a body corporate, which—
was refused inclusion in it,
was included in it subject to conditions,
was removed from it, or
is currently suspended from it,
and, if so, the facts relating to that event and the reasons given for such action by the holder of the list.
Where a Local Health Board is considering whether to remove a practitioner from its performers list under regulation 16(3)(d) (an unsuitability case), it must consider—
any information relating to that practitioner which it has received under regulation 11,
any information held by NHS Resolution about past or current investigations or proceedings involving or related to that practitioner, which information that authority must supply if the Local Health Board so requests, and
the matters referred to in paragraph (6).
Those matters are—
the nature of any event which gives rise to a question as to the suitability of the practitioner to be included in a performers list,
the length of time since the event and the facts which gave rise to it occurred,
any action taken by any regulatory or other body (including the police or the courts) as a result of any such event,
the relevance of the incident to the practitioner’s performance of the services which those included in the relevant performers list perform, and the likely risk to patients or to public finances,
whether any offence was a sexual offence for the purposes of Part 2 of the Sexual Offences Act 2003 (sexual offences), or if it had been committed in England and Wales, would have been such an offence,
whether, in respect of any list, the practitioner—
was refused inclusion in it,
was included in it subject to conditions,
was removed from it, or
is currently suspended from it,
and, if so, the facts relating to the event which led to such action and the reasons given for such action by the holder of the list, and
whether, in respect of any list, the practitioner was at the time of the originating event or in the 6 months preceding that event, a director of a body corporate, which—
was refused inclusion in it,
was included in it subject to conditions,
was removed from it, or
is currently suspended from it,
and, if so, the facts relating to that event and the reasons given for such action by the holder of the list.