National disqualification

14.  After regulation 17 (restrictions on withdrawal from performers list) of the 2013 Regulations insert—

“National disqualification

17A.  Where the First-tier Tribunal imposes a national disqualification from a performers list on a Practitioner under section 159 of the National Health Service Act 2006(1)—

(a)the reference in section 159(8)(a) of that Act to a period of two years is to be treated as a reference to a period of five years if the Tribunal is of the opinion that the criminal or professional conduct of the Practitioner is such that there is no realistic prospect of a review being successful if held within that period of two years;

(b)the reference in section 159(8)(b) of the Act to a period of one year is to be treated as a reference to a period of three years if the Tribunal is of the opinion that the criminal or professional conduct of the Practitioner is such that there is no realistic prospect of a further review being successful if held within that period of one year;

(c)the references in section 159(8)(a) and (b) of the Act to periods of two years and one year are each to be treated as references to a period of one day, if—

(i)a criminal conviction considered by the Tribunal in reaching a decision to impose the national disqualification has been quashed or the penalty reduced on appeal; or

(ii)the decision of a licensing, regulatory or other body considered by the Tribunal in reaching a decision to impose the national disqualification has been quashed or the penalty reduced on appeal.”.