Regulation 42 Transitional and savings provisions

(1)

Each practitioner who was included immediately before the commencement date in a previous performers list is, with effect from that date, and subject to the provisions of these Regulations, included in the corresponding list under these Regulations, together with all the information relating to that person which was contained in the previous performers list.

(2)

Where, immediately before the commencement date, a practitioner’s inclusion in a previous performers list was subject to conditions imposed under the 2004 Regulations, the practitioner’s inclusion in the relevant performers list under paragraph (1) continues to be subject to those conditions from the commencement date as if they had been imposed under these Regulations on the same terms and for the same duration.

(3)

Where, immediately before the commencement date, the inclusion of a practitioner in a previous performers list was suspended under the 2004 Regulations, the inclusion of that practitioner in the relevant performers list under paragraph (1) continues to be suspended from the commencement date on the same terms and for the same duration as if the practitioner had been suspended under these Regulations.

(4)

Where, immediately before the commencement date, the inclusion of a practitioner in a previous performers list was suspended under the 2004 Regulations, regulation 15 applies to the suspension as if it had been made under these Regulations, subject to the following exceptions—

(a)

the requirement in regulation 15(1) to make the application before the end of the period of 90 days beginning with the date on which a decision was made to suspend the practitioner under regulation 14 does not apply, and

(b)

regulation 15(5) does not apply.

(5)

An application for inclusion in a previous performers list made before the commencement date but not yet determined before that date is treated as if made under these Regulations subject to the following—

(a)

the requirement to provide appraisal information at regulation 4(2)(f) does not apply;

(b)

the requirement for a practitioner to confirm whether they have been included in a list at regulation 4(2)(h) does not apply;

(c)

the requirement to provide details of any suspension at regulation 4(2)(j)(iv) does not apply;

(d)

the requirement at regulation 4(2)(m)(i) for an enhanced criminal record certificate to be dated within 6 months immediately preceding the date upon which the practitioner makes the application does not apply;

(e)

the requirement to declare involvement at an inquest at regulation 4(5)(i) does not apply;

(f)

regulations 34(2)(c) and, 37(2)(b) apply as if the references in those provisions to regulation 39(4) were references to regulation 31(5) of the 2004 Regulations^f1 (exemption from the requirement to undertake foundation training) and regulation 31(5) of the 2004 Regulations is saved for this purpose.

(6)

Regulations 34(2)(c), 39(2)(c) and 40(1)(b)(i) of these Regulations apply as if the reference in those provisions to regulation 39(4) of these Regulations were a reference to regulation 31(5) of the 2004 Regulations (exemption from the requirement to undertake foundation training) and regulation 31(5) of the 2004 Regulations is saved for this purpose in the following cases—

(a)

where a dental practitioner is included in a performers list by virtue of paragraph (1), and

(b)

where a dental practitioner made an application for inclusion in a previous dental performers list before the commencement date but the application has not been determined before that date.

(7)

A practitioner who was removed from a previous performers list before the commencement date on the grounds that the practitioner had been convicted of a criminal offence, and that conviction is overturned on appeal, and who has not been restored to that list before the commencement date, may be included in the relevant performers list after the commencement date if the conditions in regulation 7 are met.

(8)

Any appeal or review which arose under the 2004 Regulations and which has not concluded at the commencement date is to be treated as if it had arisen under these Regulations.

(9)

For the purposes of regulations 18 and 19, a decision made by a Local Health Board under the 2004 Regulations is treated as a decision made under the corresponding provisions of these Regulations.

(10)

Any other case to which the 2004 Regulations applied immediately before the commencement date, and which has not been concluded before the commencement date, is to be treated as if it had arisen under these Regulations.

(11)

In this regulation, “commencement date” means the date on which these Regulations come into force.

Annotations

Footnotes

f1: S.I. 2004/1020 (W. 117). Regulation 31 was inserted by S.I. 2006/945 (W. 94), and amended by S.I. 2016/101 (W. 49) and S.I. 2022/106 (W. 37).