Regulation 2 Interpretation

In these Regulations—

• “the 1983 Act” (“Deddf 1983”) means the Medical Act 1983^f1;

• “the 2006 Act” (“Deddf 2006”) means the National Health Service (Wales) Act 2006;

• “the 2004 Regulations” (“Rheoliadau 2004”) means the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020)^f2;

• “armed forces” (“lluoedd arfog”) means the regular forces within the meaning of the Armed Forces Act 2006^f3 or the reserve forces within the meaning of that Act;

• “CCT” (“TCH”) means Certificate of Completion of Training awarded under section 34L(1) of the 1983 Act^f4 (award and withdrawal of a Certificate of Completion of Training);

• “dental list” (“rhestr ddeintyddol”) means a list prepared by a Local Health Board under regulation 4(1) of the National Health Service (General Dental Services) Regulations 1992^f5;

• “dental performers list” (“rhestr cyflawnwyr deintyddol”) means the list prepared, maintained and published under regulation 3(1)(b);

• “dental practitioner” (“ymarferydd deintyddol”) means a person who is registered in the dentists register;

• “dentists register” (“cofrestr deintyddion”) means the register referred to in section 14(1) of the Dentists Act 1984^f6;

• “director” (“cyfarwyddwr”) means—

  1. (a)

     a director of a body corporate, or

  2. (b)

     a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

• “director of a body corporate” (“cyfarwyddwr corff corfforedig”) includes a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

• “Disclosure and Barring Service” (“Gwasanaeth Datgelu a Gwahardd”) means the body established by section 87(1) of the Protection of Freedoms Act 2012^f7;

• “emergency registered practitioner” (“ymarferydd sydd wedi ei gofrestru mewn argyfwng”) means a medical practitioner—

  1. (a)

     who is registered as a registered medical practitioner under section 18A of the 1983 Act^f8 (temporary registration with regard to emergencies involving loss of human life or human illness etc.),

  2. (b)

     who within the period of 5 years prior to being so registered, had been included in a medical performers list, a previous medical performers list, or an equivalent list, and

  3. (c)

     who was subsequently removed from the list referred to in paragraph (b)—

     1. (i)

        in accordance with regulation 16(5) or regulation 10(6) of the 2004 Regulations (removal from performers list) or an equivalent provision in relation to an equivalent list, or

     2. (ii)

        on some other ground unconnected with impairment of fitness to practise (for these purposes, impairment is construed in accordance with section 35C(2) of the 1983 Act^f9 (functions of the Investigation Committee));

• “employment” (“cyflogaeth”) means any employment, whether paid or unpaid, and, except in relation to the definition of a Type 1 armed forces GP, includes—

  1. (a)

     the provision of services under a contract for services, or

  2. (b)

     membership of a partnership;

• “equivalent body” (“corff cyfatebol”) means—

  1. (a)

     in relation to Wales, prior to 1 April 2003, a Health Authority;

  2. (b)

     in relation to England—

     1. (i)

        NHS England,

     2. (ii)

        prior to 1 April 2013 and after 30 September 2002, a Primary Care Trust, or

     3. (iii)

        prior to 1 October 2002, a Health Authority in England, or

  3. (c)

     in relation to Northern Ireland—

     1. (i)

        a Health and Social Care Board, or

     2. (ii)

        prior to 1 April 2009, a Health and Social Services Board;

  4. (d)

     in relation to Scotland, a Health Board;

• “equivalent list” (“rhestr gyfatebol”) means any list kept by an equivalent body which serves an equivalent function to a health service list;

• “equivalent performers list” (“rhestr cyflawnwyr gyfatebol”) means any list kept by a primary care organisation which serves an equivalent function to the relevant performers list;

• “the First-tier Tribunal” (“y Tribiwnlys Haen Gyntaf”) means the First-tier Tribunal established under section 3(1) of the Tribunal, Courts and Enforcement Act 2007^f10;

• “general medical practitioner” (“ymarferydd meddygol cyffredinol”) means a medical practitioner—

  1. (a)

     who is a GP Registrar, or

  2. (b)

     whose name is included in the GP Register;

• “GP Register” (“Cofrestr Ymarferwyr Cyffredinol”) means the register kept by virtue of section 34C of the 1983 Act (the General Practitioner Register)^f11;

• “GP Registrar” (“Cofrestrydd Ymarfer Cyffredinol”) means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;

• “GP Trainer” (“Hyfforddwr Ymarfer Cyffredinol”) means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council under section 34I(1)(c) of the 1983 Act (postgraduate medical education and training: approvals)^f12 for the purposes of providing training to a GP Registrar;

• “health service list” (“rhestr gwasanaeth iechyd”) means—

  1. (a)

     a list referred to in section 115(1) of the 2006 Act^f13 (national disqualification),

  2. (b)

     a dental list or a medical list,

  3. (c)

     a supplementary list,

  4. (d)

     a services list, or

  5. (e)

     a performers list;

• “holder of a list” (“deiliad rhestr”) means the body which keeps a list;

• “indemnity arrangement” (“trefniant indemniad”) means an arrangement which may comprise—

  1. (a)

     a policy of insurance,

  2. (b)

     an arrangement made for the purposes of indemnifying a person, or

  3. (c)

     a combination of a policy of insurance and an arrangement made for the purposes of indemnifying a person;

• “list” (“rhestr”) means a health service list or an equivalent list;

• “medical list” (“rhestr feddygol”) means the list prepared by the Local Health Board under regulation 4 of the National Health Service (General Medical Services) Regulations 1992^f14;

• “medical performers list” (“rhestr cyflawnwyr meddygol”) means a list of medical performers prepared, maintained and published under regulation 3(1)(a);

• “medical practitioner” (“ymarferydd meddygol”) has the meaning given by section 206(1) of the 2006 Act;

• “a national disqualification” (“anghymhwysiad cenedlaethol”) means—

  1. (a)

     a decision made by the First-tier Tribunal under section 115(1) of the 2006 Act^f15 (national disqualification);

  2. (b)

     a decision made under provisions in force in England, Scotland or Northern Ireland corresponding to section 115 of the 2006 Act;

• “the NHS Business Services Authority” (“Awdurdod Gwasanaethau Busnes y GIG”) means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established as a Special Health Authority by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005^f16;

• “the NHS Counter Fraud Authority” (“Awdurdod Gwrth-dwyll y GIG”) means the NHS Counter Fraud Authority established as a Special Health Authority by the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017^f17;

• “NHS Resolution” (“NHS Resolution”) means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995^f18;

• “notice” (“hysbysiad”) means a notice in writing (including electronically);

• “originating event” (“digwyddiad cychwynnol”) means the event or events which give rise to—

  1. (a)

     a conviction, investigation or proceedings, or

  2. (b)

     a suspension or disqualification, or

  3. (c)

     removal from, refusal to include in or conditional inclusion in a list;

• “performers list” (“rhestr cyflawnwyr”) means a list prepared, maintained and published under regulation 3(1);

• “period of emergency” (“cyfnod o argyfwng”) means the period—

  1. (a)

     beginning when the Secretary of State advises the Registrar of the General Medical Council (“the Registrar”) that an emergency of the type described in section 1 of the Civil Contingencies Act 2004^f19 (meaning of “emergency”), has occurred, is occurring or is about to occur, and

  2. (b)

     ending when the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in paragraph (a) no longer exist;

• “practitioner” (“ymarferydd”) means a medical practitioner or a dental practitioner;

• “previous dental performers list” (“rhestr cyflawnwyr deintyddol flaenorol”) means a list prepared and published under regulation 3(1)(b) of the 2004 Regulations^f20;

• “previous medical performers list” (“rhestr cyflawnwyr meddygol flaenorol”) means a list prepared and published under regulation 3(1)(a) of the 2004 Regulations;

• “previous performers list” (“rhestr cyflawnwyr flaenorol”) means a list prepared and published under regulation 3 of the 2004 Regulations;

• “primary care organisation” (“sefydliad gofal sylfaenol”) means—

  1. (a)

     in respect of Wales a Local Health Board,

  2. (b)

     in respect of England NHS England,

  3. (c)

     in respect of Scotland a Health Board,

  4. (d)

     in respect of Northern Ireland a Health and Social Care Board, or

  such successor bodies to those primary care organisations as may exist;

• “primary dental services” (“gwasanaethau deintyddol sylfaenol”) means dental services provided under a contract or agreement to which Part 5 of the 2006 Act^f21 (dental services) applies;

• “primary medical services” (“gwasanaethau meddygol sylfaenol”) means medical services provided under a contract or an agreement to which Part 4 of the 2006 Act^f22 (medical services) applies;

• “primary services” (“gwasanaethau sylfaenol”) means, in respect of a medical practitioner, primary medical services and, in respect of a dental practitioner, primary dental services;

• “professional conduct” (“ymddygiad proffesiynol”) includes matters relating both to professional conduct and professional performance;

• “professional registration number” (“rhif cofrestru proffesiynol”) means—

  1. (a)

     in relation to a medical practitioner, the number against the medical practitioner’s name in the register of medical practitioners, and

  2. (b)

     in relation to a dental practitioner, the number against the dental practitioner’s name in the dentists register;

• “register of medical practitioners” (“cofrestr o ymarferwyr meddygol”) has the meaning given to it by section 2(2) of the 1983 Act^f23 (registration of medical practitioners);

• “regulatory body” (“corff rheoleiddio”) means a body anywhere in the world which regulates or licenses any profession of which the practitioner is or has been a member and includes a body which regulates or licenses the education, training or qualifications of that profession;

• “relevant body” (“corff perthnasol”) means, in relation to a practitioner, the body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002^f24 (regulatory bodies), which regulates the profession of the practitioner;

• “relevant performers list” (“rhestr cyflawnwyr berthnasol”) means—

  1. (a)

     in the case of a medical practitioner, a medical performers list, and

  2. (b)

     in the case of a dental practitioner, a dental performers list;

• “returning practitioner” (“ymarferydd sy’n dychwelyd”) means a practitioner who was included in a performers list or a previous performers list at any time before making an application for inclusion in a performers list;

• “services list” (“rhestr gwasanaethau”) means a list prepared by a Primary Care Trust under regulation 3 of the National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003^f25;

• “Special Health Authority” (“Awdurdod Iechyd Arbennig”) has the meaning given under sections 22 and 206 of the 2006 Act^f26;

• “supplementary list” (“rhestr atodol”) means a list prepared by a Local Health Board under regulation 3 of the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002^f27;

• “Type 1 armed forces GP” (“ymarferydd cyffredinol Math 1 i’r lluoedd arfog”) means a medical practitioner—

  1. (a)

     who is a member of the armed forces or employed by the Ministry of Defence, and

  2. (b)

     whose name is included in the GP Register;

• “Type 2 armed forces GP” (“ymarferydd cyffredinol Math 2 i’r lluoedd arfog”) means a medical practitioner—

  1. (a)

     who is not a Type 1 armed forces GP,

  2. (b)

     whose name is included in the GP Register, and

  3. (c)

     who is engaged under a contract for services specifically for the provision of medical services to members of the armed forces.