{
  "url": "https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026/regulation-6",
  "json_url": "https://openlegislation.uk/national-health-service-performers-lists-wales-regulations-2026/regulation-6.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/6",
  "kind": "regulation",
  "number": "6",
  "heading": "Consideration of applications",
  "text": "(1) In considering a practitioner’s application for inclusion in a performers list the Local Health Board must—\n(a) check all the information and all documents the practitioner has provided under these Regulations;\n(b) if the practitioner is not a returning practitioner, check with the NHS Counter Fraud Authority whether it has any record of fraud relating to the practitioner, which information that authority must supply;\n(c) if the practitioner is not a returning practitioner, check with NHS Resolution whether it holds any information set out in paragraph (5) relating to the practitioner, which information NHS Resolution must supply;\n(d) obtain and consider references from the referees named by the practitioner, where the practitioner is required to name referees under regulation 4(2)(e).\n(2) If the Local Health Board cannot reach a decision on a practitioner’s application based on the information or documentation provided by the practitioner, it may seek from the practitioner such further information, references or other documentation as it may reasonably require in order to make a decision and the practitioner must provide that material.\n(3) Where it appears to the Local Health Board that it may assist its consideration of any information or documentation provided under regulation 4(2) or any declaration made under paragraph (5) or (7) of that regulation, the Local Health Board may request further information from any of the following—\n(a) any current employer or former employer of the practitioner;\n(b) any body corporate;\n(c) the holder of any list;\n(d) any regulatory or other body;\nprovided that person is involved in the matter which is the subject of the information, declaration or other documentation provided by the practitioner.\n(4) Where the Local Health Board has made a request under paragraph (3), the practitioner must consent to the provision of information in response to that request.\n(5) The information referred to in paragraph (1)(c) is—\n(a) any information received by NHS Resolution following a notification by a Local Health Board under regulation 21(1) (notification),\n(b) any finding made by NHS Resolution about the standard of practice or professional conduct of the relevant practitioner, other than a finding that relates only to a compensation claim, and\n(c) any information held by NHS Resolution relating to a Health Professional Alert Notice that has been issued in respect of the relevant practitioner and has not been revoked.\n(6) In paragraph (5)(c) a “Health Professional Alert Notice” means a notice issued in accordance with the National Health Service Litigation Authority Directions 2013 stating that a named individual poses a significant risk of harm to patients, staff or the public and is likely to seek work in the NHS.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "These Directions were signed on 28 March 2013 and were amended by the National Health Service Litigation Authority (Amendment) Directions 2013, signed on 5 November 2013, the National Health Service Litigation Authority (Amendment) Directions 2015, signed on 9 March 2015, and the National Health Service Litigation Authority (Amendment) Directions 2019, signed on 16 December 2019. These Directions are available from https://www.gov.uk/government/collections/nhs-litigation-authority-directions, or by writing to The Department of Health and Social Care, Resolution and Maternity Branch, 39 Victoria Street, SW1H 0EU."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/wsi/2026/63/regulation/6",
    "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."
}