The National Health Service (Performers Lists) (Wales) Regulations 2004

Removal from performers list

10.—(1) The Local Health Board must remove the performer from its performers list where it becomes aware that the performer —

(a)has been convicted in the United Kingdom of murder;

(b)has been convicted in the United Kingdom of a criminal offence, committed on or after the day prescribed in the relevant Part, and has been sentenced to a term of imprisonment of over six months;

(c)has been nationally disqualified;

(d)has died; or

(e)is no longer a member of the relevant health care profession.

(2) Where a Local Health Board is notified by the FHSAA that it has considered an appeal by a performer against —

(a)a contingent removal by the Local Health Board and has decided to remove the performer instead; or

(b)a conditional inclusion, where the performer has been conditionally included in a performers list until the appeal has been decided, and has decided not to include the performer,

the Local Health Board shall remove the performer from its performers list and shall notify the performer immediately that it has done so.

(3) The Local Health Board may remove a performer from its performers list where any of the conditions set out in paragraph (4) is satisfied.

(4) The conditions mentioned in paragraph (3) are that the —

(a)continued inclusion of that performer in the Local Health Board’s performers list would be prejudicial to the efficiency of the services which those included in the relevant performers list perform (“an efficiency case”);

(b)performer is involved in a fraud case in relation to any health scheme; or

(c)performer is unsuitable to be included in the performers list (“an unsuitability case”).

(5) For the purposes of this regulation, in addition to the services covered by the definition of “health scheme” in section 49F(8), the following shall also be health schemes—

(a)health services, including medical and surgical treatment, provided by the armed forces;

(b)services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 1984(1);

(c)medical services provided to a prisoner in the care of the medical officer or other such officer of a prison appointed for the purposes of section 7 of the Prison Act 1952(2); and

(d)publicly-funded health services provided by or on behalf of any organisation anywhere in the world.

(6) Where the performer cannot demonstrate that the performer has performed the services, which those included in the relevant performers list perform, within the area of the Local Health Board during the preceding twelve months, the Local Health Board may remove the performer from its performers list.

(7) Subject to any provision in the relevant Part, in calculating the period of twelve months referred to in paragraph (6), the Local Health Board shall disregard any period during which —

(a)the performer was suspended under these Regulations; or

(b)the performer was performing whole time service in the armed forces in a national emergency (as a volunteer or otherwise), compulsory whole-time service in the armed forces (including service resulting from reserve liability), or any equivalent service, if liable for compulsory whole-time service in the armed forces

(8) Where a Local Health Board is considering removing a performer from its performers list under paragraphs (3) to (6) or regulations 8(2), 12(3)(c) or 15(6)(b) or contingently removing a performer under regulation 12(1), it shall give the performer —

(a)notice of any allegation against the performer;

(b)notice of what action the Local Health Board is considering and on what grounds;

(c)the opportunity to make written representations to the Local Health Board within 28 days of the date of the notification under sub-paragraph (b); and

(d)the opportunity to put the performer’s case at an oral hearing before the Local Health Board, if the performer so requests, within the 28 day period mentioned in sub-paragraph (c).

(9) If there are no representations within the period specified in paragraph (8)(c), the Local Health Board shall decide whether or not to remove the performer and then, within 7 days of making that decision, notify the performer of —

(a)that decision and the reasons for it (including any facts relied upon); and

(b)any right of appeal under regulation 15.

(10) If there are representations, the Local Health Board must take them into account before reaching its decision, and shall then, within 7 days of making that decision, notify the performer of—

(a)that decision and the reasons for it (including any facts relied upon); and

(b)any right of appeal under regulation 15.

(11) If the performer requests an oral hearing, this must take place before the Local Health Board reaches its decision, and the Local Health Board shall decide whether or not to remove the performer and then, within 7 days of making that decision, notify the performer of —

(a)that decision and the reasons for it (including any facts relied upon); and

(b)any right of appeal under regulation 15.

(12) When the Local Health Board notifies the performer of any decision, it shall inform the performer that, if the performer wishes to exercise a right of appeal, the performer must do so within the period of 28 days beginning with the date on which the Local Health Board informed the performer of its decision and shall tell the performer how to exercise any such right.

(13) The Local Health Board shall also notify the performer of the performer’s right to have the decision reviewed in accordance with regulation 14.

(14) Where the Local Health Board decides to remove a performer under paragraph (6), the performer shall not be removed from its performers list until —

(a)a period of 28 days starting with the day on which the Local Health Board reaches its decision; or

(b)any appeal is disposed of by the FHSAA,

whichever is the later.