{
  "url": "https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026/regulation-5",
  "json_url": "https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026/regulation-5.json",
  "legislation": "wsi/2026/63",
  "legislation_title": "The National Health Service (Performers Lists) (Wales) Regulations 2026",
  "legislation_url": "https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Application for inclusion in a performers list by a practitioner already listed in a performers list or an equivalent performers list",
  "text": "(1) An application by a practitioner already included in a performers list or an equivalent performers list must be made by sending the Local Health Board an application in writing, which must include the information, undertakings, consents and documentation required by this regulation, and—\n(a) in relation to application for inclusion in a medical performers list, satisfy the requirements of regulation 30, and\n(b) in relation to an application for inclusion in a dental performers list, satisfy the requirements of regulation 38.\n(2) The practitioner must provide the information required by paragraph (2)(a), (b), (c), (g), (i), (j), (k) and (l) of regulation 4.\n(3) The practitioner must provide the information and undertakings required by paragraph (3) of regulation 4.\n(4) The practitioner must provide the information as required by regulation 4(2)(d) and (e) unless paragraph (6) applies, and the practitioner may instead give their consent under that paragraph.\n(5) The practitioner must provide an enhanced criminal record certificate as required by paragraph (2)(m) of regulation 4 unless—\n(a) the practitioner is registered with the Disclosure and Barring Service update service and has provided—\n(i) all necessary authority and information to allow the Local Health Board to view the practitioner’s online Disclosure and Barring Service certificate status at any time, and\n(ii) an undertaking that if the Local Health Board’s Disclosure and Barring Service status check indicates that the practitioner’s enhanced criminal record certificate is no longer current, that the practitioner will provide the Local Health Board with a new enhanced criminal record certificate under section 113B of the Police Act 1997, or\n(b) the practitioner has provided a certificate to the primary care organisation with which the practitioner is listed which is dated within 3 years immediately preceding the date upon which the practitioner makes the application under this regulation to the Local Health Board, in which case—\n(i) the practitioner must provide the Local Health Board with a certified copy of the original by the primary care organisation on whose list the practitioner is listed, or\n(ii) where the practitioner is listed with another Local Health Board, give all necessary authority to enable the Local Health Board to make a request to the Local Health Board the practitioner is listed with to obtain a certified copy of the certificate.\n(6) Where the practitioner is already included in the performers list of a Local Health Board, instead of providing the information required by paragraph (4), the practitioner may consent to the release of that information by the Local Health Board the practitioner is currently listed with to the Local Health Board to which the application is being made under this regulation.\n(7) The practitioner must send with the application a declaration as required by regulation 4(5) and, where applicable, regulation 4(7) and any requisite details as set out in regulation 4(6) and (8).\n(8) Upon receipt of a practitioner’s application made in accordance with this regulation, a Local Health Board must consider the application and notify the practitioner of its decision as to whether—\n(a) the practitioner is provisionally included in its performers list (with or without conditions);\n(b) the decision on the application is deferred until the Local Health Board has received and considered all the information required under this regulation, or\n(c) the practitioner is refused admission to its performers list.\n(9) A practitioner who is provisionally included in a Local Health Board’s performers list under this regulation may perform primary services until the first of the following events arises—\n(a) the Local Health Board, after considering the practitioner’s online Disclosure and Barring Service certificate status, or the certified copy of the enhanced criminal record certificate required by paragraph (5), the information and clinical references required by paragraph (4), and the information relating to a general medical practitioner’s medical qualifications required by regulation 30(2) or a dental practitioner’s dental qualifications required by regulation 38(2), notifies the practitioner of its decision to—\n(i) include the practitioner in its performers list;\n(ii) include the practitioner in its performers list subject to conditions, or\n(iii) remove the practitioner from its performers list, or\n(b) the end of a period of 3 months, starting on the date on which the Local Health Board receives the application under this regulation from the practitioner.\n(10) If the Local Health Board defers their decision under paragraph (8)(b) the Local Health Board must notify the practitioner of the reasons for the deferral within 10 working days of the decision to defer.\n(11) The Local Health Board may only defer a decision under paragraph (8)(b) until such time as the Local Health Board receives and considers the practitioner’s online Disclosure and Barring Service certificate status or the certified copy of the enhanced criminal record certificate as required by paragraph (5), the information and clinical references required by paragraph (4), and the information relating to a general medical practitioner’s medical qualifications required by regulation 30(2) or a dental practitioner’s dental qualifications required by regulation 38(2), as appropriate.\n(12) The Local Health Board must notify the practitioner as soon as possible that—\n(a) the practitioner’s application to be included in its performers list has been successful, or\n(b) the Local Health Board has decided to refuse the application or impose conditions on the practitioner’s inclusion and the reasons for that (including any facts relied upon), and any right of appeal under regulation 19.\n(13) A practitioner may not withdraw an application made under this regulation whilst a Local Health Board is deciding that application.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/63/regulation/5",
    "retrieved_at": "2026-10-28T22:55:22.328799+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}