Regulation 8 Decisions and grounds for refusal

may refuse to include a practitioner in a performers list on the grounds set out in paragraph (2);

must refuse to include a practitioner in a performers list on the grounds set out in paragraph (4).

it considers the practitioner is unsuitable to be included in its performers list having considered the information and documentation provided under regulation 4(2) and—

having considered any declaration required by regulation 4(5) and (if applicable) regulation 4(7), and any information provided under regulation 4(6) or (8) in connection with any such declaration, and any other information or documents in its possession relating to the practitioner, it considers that the practitioner is unsuitable to be included in a performers list,

having obtained references from the referees named by the practitioner, where the practitioner is required to name referees under regulation 4(2)(e), it is not satisfied with those references,

having checked with the NHS Counter Fraud Authority for any facts that the Local Health Board considers relevant relating to past or current fraud investigations involving or relating to the practitioner, and having considered these and any other facts in its possession relating to such matters, it considers that the practitioner is unsuitable to be included in a performers list,

the practitioner has been convicted in the United Kingdom of any criminal offence (other than murder), committed on or after the date prescribed in the relevant Part, and has been sentenced to a term of imprisonment (whether suspended or not) of over 6 months,

having checked with NHS Resolution for any facts that the Local Health Board considers relevant relating to past or current investigations or proceedings involving or related to the practitioner and, having considered these and any other facts in its possession involving or relating to the practitioner, the Local Health Board considers that the practitioner is unsuitable to be included in a performers list, or

it considers that there are reasonable grounds for concluding that including the practitioner in a performers list would be prejudicial to the efficiency of the services, which those included in that performers list perform.

the nature of any matter in question,

the length of time since that matter and the events giving rise to it occurred,

any action taken or penalty imposed by any regulatory or other body as a result of that matter,

the relevance of that matter to the practitioner’s performance of the services which those included in the relevant performers list perform, and any likely risk to the practitioner’s patients or to public finances,

whether any offence was a sexual offence for the purposes of Part 2 of the Sexual Offences Act 2003^f1 (sexual offences), or which if it had been committed in England and Wales, would have been such an offence,

whether, in respect of any list, the practitioner—

and, if so, the facts relating to the matter which led to such action together with the reasons given by the holder of the list, and

whether, in respect of any list, the practitioner was at the time of the originating event or in the 6 months preceding that event, a director of a body corporate, which—

and, if so, the facts relating to that event and the reasons given for such action by the holder of the list.

the practitioner has not provided satisfactory evidence that the practitioner intends to perform the services which those included in that performers list perform, in its area;

it is not satisfied that the practitioner has sufficient knowledge of the English language necessary for the work which those included in that performers list perform;

the practitioner has been convicted in the United Kingdom of murder;

the practitioner is subject to a national disqualification which disqualifies the practitioner from inclusion in that performers list;

in a case to which regulation 10(4) applies, the practitioner has not updated the practitioner’s application in accordance with the requirements of that regulation;

in a case to which regulation 12(5) applies, the practitioner has not given the notification and undertaking required by that regulation;

in a case to which regulation 19(5) applies, the practitioner has not notified the Local Health Board under that regulation that the practitioner wishes to be included in its performers list subject to its conditions.

its decision, and

if it has decided not to include the practitioner, the reasons for that decision (including any facts relied upon) and the practitioner’s right of appeal under regulation 19.

notify the practitioner that the right of appeal must be exercised within the period of 28 days beginning with the date of the notification of that decision, and

tell the practitioner how to exercise that right.