# The National Health Service (Performers Lists) (Wales) Regulations 2026, Regulation 19: Appeals


(1) A practitioner may appeal (by way of redetermination) to the First-tier Tribunal against a decision of a Local Health Board mentioned in paragraph (2).
(2) A decision of the Local Health Board referred to in paragraph (1) is a decision to—
(a) refuse to include a practitioner in a performers list on the grounds referred to in regulation 8(1);
(b) impose, maintain or vary any conditions under regulation 12, 13 or 18;
(c) remove a practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or paragraph (7)(b) of this regulation;
(d) refuse to include—
(i) a medical practitioner in a medical performers list under regulation 31(1), or
(ii) a dental practitioner in a dental performers list under regulation 39(1) or (2).
(3) There is no right of appeal under paragraph (1) against a decision of the Local Health Board—
(a) to refuse to include a practitioner in a medical performers list where the practitioner has applied to be included in that list in accordance with regulation 25 and Schedule 1, or
(b) to remove an emergency registered practitioner from a medical performers list.
(4) On appeal the First-tier Tribunal may make any decision which the Local Health Board could have made.
(5) Where the decision of the First-tier Tribunal on appeal is that the practitioner’s initial inclusion in a performers list is to be subject to conditions, whether or not those conditions are identical to any conditions imposed by the Local Health Board, the Local Health Board must ask the practitioner to notify the Local Health Board within 28 days of the First-tier Tribunal’s decision whether the practitioner wishes to be included in its performers list subject to those conditions and the practitioner must so notify the Local Health Board.
(6) If the practitioner notifies the Local Health Board that the practitioner does wish to be included in a performers list subject to the conditions, the Local Health Board must so include the practitioner.
(7) Where the First-tier Tribunal decides to impose conditions on the inclusion of a practitioner in a performers list—
(a) the Local Health Board or the practitioner may apply to the First-tier Tribunal for the conditions to be varied or for different conditions to be imposed, and
(b) the Local Health Board may, after satisfying the requirements of regulation 16(8) to (11), remove the practitioner from its performers list if it determines that the practitioner has failed to comply with any such conditions.
(8) Following an appeal under paragraph (1), the First-tier Tribunal may, following a request from the practitioner or on its own initiative, review the First-tier Tribunal’s earlier decision in relation to that appeal.
(9) Subject to paragraph (10), a request referred to in paragraph (8) may not be made within the period of 1 year beginning with the date of the First-tier Tribunal’s last decision on the appeal.
(10) When, on making a decision on appeal, the First-tier Tribunal states that it is of the opinion that there is no realistic prospect of a further review being successful if held at the expiry of the 1 year period referred to in paragraph (9), the reference to “1 year” in paragraph (9) is to be treated as a reference to 3 years.

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Source: https://www.legislation.gov.uk/wsi/2026/63/regulation/19 (the official version)
Page: https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.