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Welsh Statutory Instruments

2026 No. 63

NATIONAL HEALTH SERVICE, WALES

The National Health Service (Performers Lists) (Wales) Regulations 2026

Made

3 March 2026

Coming into force

28 March 2026

The Welsh Minsters, in exercise of the powers conferred by sections 49, 63, 115(9), and 203(9) and (10) of the National Health Service (Wales) Act 2006(1), make the following Regulations.

Part 1 General

Title and coming into force

1. The title of these Regulations is the National Health Service (Performers Lists) (Wales) Regulations 2026 and they come into force on 28 March 2026.

Interpretation

1. In these Regulations—

“ the 1983 Act ” (“ Deddf 1983 ”) means the Medical Act 1983(2);

“ the 2006 Act ” (“ Deddf 2006 ”) means the National Health Service (Wales) Act 2006;

“ the 2004 Regulations ” (“ Rheoliadau 2004 ”) means the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020)(3);

“ armed forces ” (“ lluoedd arfog ”) means the regular forces within the meaning of the Armed Forces Act 2006(4) or the reserve forces within the meaning of that Act;

“ CCT ” (“ TCH ”) means Certificate of Completion of Training awarded under section 34L(1) of the 1983 Act(5) (award and withdrawal of a Certificate of Completion of Training);

“ dental list ” (“ rhestr ddeintyddol ”) means a list prepared by a Local Health Board under regulation 4(1) of the National Health Service (General Dental Services) Regulations 1992(6);

“ dental performers list ” (“ rhestr cyflawnwyr deintyddol ”) means the list prepared, maintained and published under regulation 3(1)(b);

“ dental practitioner ” (“ ymarferydd deintyddol ”) means a person who is registered in the dentists register;

“ dentists register ” (“ cofrestr deintyddion ”) means the register referred to in section 14(1) of the Dentists Act 1984(7);

“ director ” (“ cyfarwyddwr ”) means—

(a) a director of a body corporate, or

(b) a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

“ director of a body corporate ” (“ cyfarwyddwr corff corfforedig ”) includes a member of the body of persons controlling a body corporate (whether or not a limited liability partnership);

“ Disclosure and Barring Service ” (“ Gwasanaeth Datgelu a Gwahardd ”) means the body established by section 87(1) of the Protection of Freedoms Act 2012(8);

“ emergency registered practitioner ” (“ ymarferydd sydd wedi ei gofrestru mewn argyfwng ”) means a medical practitioner—

(a) who is registered as a registered medical practitioner under section 18A of the 1983 Act(9) (temporary registration with regard to emergencies involving loss of human life or human illness etc.),

(b) who within the period of 5 years prior to being so registered, had been included in a medical performers list, a previous medical performers list, or an equivalent list, and

(c) who was subsequently removed from the list referred to in paragraph (b)—

(i) in accordance with regulation 16(5) or regulation 10(6) of the 2004 Regulations (removal from performers list) or an equivalent provision in relation to an equivalent list, or

(ii) on some other ground unconnected with impairment of fitness to practise (for these purposes, impairment is construed in accordance with section 35C(2) of the 1983 Act(10) (functions of the Investigation Committee));

“ employment ” (“ cyflogaeth ”) means any employment, whether paid or unpaid, and, except in relation to the definition of a Type 1 armed forces GP, includes—

(a) the provision of services under a contract for services, or

(b) membership of a partnership;

“ equivalent body ” (“ corff cyfatebol ”) means—

(a) in relation to Wales, prior to 1 April 2003, a Health Authority;

(b) in relation to England—

(i) NHS England,

(ii) prior to 1 April 2013 and after 30 September 2002, a Primary Care Trust, or

(iii) prior to 1 October 2002, a Health Authority in England, or

(c) in relation to Northern Ireland—

(i) a Health and Social Care Board, or

(ii) prior to 1 April 2009, a Health and Social Services Board;

(d) in relation to Scotland, a Health Board;

“ equivalent list ” (“ rhestr gyfatebol ”) means any list kept by an equivalent body which serves an equivalent function to a health service list;

“ equivalent performers list ” (“ rhestr cyflawnwyr gyfatebol ”) means any list kept by a primary care organisation which serves an equivalent function to the relevant performers list;

“ the First-tier Tribunal ” (“ y Tribiwnlys Haen Gyntaf ”) means the First-tier Tribunal established under section 3(1) of the Tribunal, Courts and Enforcement Act 2007(11);

“ general medical practitioner ” (“ ymarferydd meddygol cyffredinol ”) means a medical practitioner—

(a) who is a GP Registrar, or

(b) whose name is included in the GP Register;

“ GP Register ” (“ Cofrestr Ymarferwyr Cyffredinol ”) means the register kept by virtue of section 34C of the 1983 Act (the General Practitioner Register)(12);

“ GP Registrar ” (“ Cofrestrydd Ymarfer Cyffredinol ”) means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise;

“ GP Trainer ” (“ Hyfforddwr Ymarfer Cyffredinol ”) means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council under section 34I(1)(c) of the 1983 Act (postgraduate medical education and training: approvals)(13) for the purposes of providing training to a GP Registrar;

“ health service list ” (“ rhestr gwasanaeth iechyd ”) means—

(a) a list referred to in section 115(1) of the 2006 Act(14) (national disqualification),

(b) a dental list or a medical list,

(c) a supplementary list,

(d) a services list, or

(e) a performers list;

“ holder of a list ” (“ deiliad rhestr ”) means the body which keeps a list;

“ indemnity arrangement ” (“ trefniant indemniad ”) means an arrangement which may comprise—

(a) a policy of insurance,

(b) an arrangement made for the purposes of indemnifying a person, or

(c) a combination of a policy of insurance and an arrangement made for the purposes of indemnifying a person;

“ list ” (“ rhestr ”) means a health service list or an equivalent list;

“ medical list ” (“ rhestr feddygol ”) means the list prepared by the Local Health Board under regulation 4 of the National Health Service (General Medical Services) Regulations 1992(15);

“ medical performers list ” (“ rhestr cyflawnwyr meddygol ”) means a list of medical performers prepared, maintained and published under regulation 3(1)(a);

“ medical practitioner ” (“ ymarferydd meddygol ”) has the meaning given by section 206(1) of the 2006 Act;

“ a national disqualification ” (“ anghymhwysiad cenedlaethol ”) means—

(a) a decision made by the First-tier Tribunal under section 115(1) of the 2006 Act(16) (national disqualification);

(b) a decision made under provisions in force in England, Scotland or Northern Ireland corresponding to section 115 of the 2006 Act;

“ the NHS Business Services Authority ” (“ Awdurdod Gwasanaethau Busnes y GIG ”) means the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) established as a Special Health Authority by the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Establishment and Constitution) Order 2005(17);

“ the NHS Counter Fraud Authority ” (“ Awdurdod Gwrth-dwyll y GIG ”) means the NHS Counter Fraud Authority established as a Special Health Authority by the NHS Counter Fraud Authority (Establishment, Constitution, and Staff and Other Transfer Provisions) Order 2017(18);

“ NHS Resolution ” (“ NHS Resolution ”) means the National Health Service Litigation Authority established as a Special Health Authority by the National Health Service Litigation Authority (Establishment and Constitution) Order 1995(19);

“ notice ” (“ hysbysiad ”) means a notice in writing (including electronically);

“ originating event ” (“ digwyddiad cychwynnol ”) means the event or events which give rise to—

(a) a conviction, investigation or proceedings, or

(b) a suspension or disqualification, or

(c) removal from, refusal to include in or conditional inclusion in a list;

“ performers list ” (“ rhestr cyflawnwyr ”) means a list prepared, maintained and published under regulation 3(1);

“ period of emergency ” (“ cyfnod o argyfwng ”) means the period—

(a) beginning when the Secretary of State advises the Registrar of the General Medical Council (“the Registrar”) that an emergency of the type described in section 1 of the Civil Contingencies Act 2004(20) (meaning of “ emergency ”), has occurred, is occurring or is about to occur, and

(b) ending when the Secretary of State advises the Registrar that the circumstances that led the Secretary of State to advise the Registrar as mentioned in paragraph (a) no longer exist;

“ practitioner ” (“ ymarferydd ”) means a medical practitioner or a dental practitioner;

“ previous dental performers list ” (“rhestr cyflawnwyr deintyddol flaenorol”) means a list prepared and published under regulation 3(1)(b) of the 2004 Regulations(21);

“ previous medical performers list ” (“rhestr cyflawnwyr meddygol flaenorol”) means a list prepared and published under regulation 3(1)(a) of the 2004 Regulations;

“ previous performers list ” (“rhestr cyflawnwyr flaenorol”) means a list prepared and published under regulation 3 of the 2004 Regulations;

“ primary care organisation ” (“ sefydliad gofal sylfaenol ”) means—

(a) in respect of Wales a Local Health Board,

(b) in respect of England NHS England,

(c) in respect of Scotland a Health Board,

(d) in respect of Northern Ireland a Health and Social Care Board, or

such successor bodies to those primary care organisations as may exist;

“ primary dental services ” (“ gwasanaethau deintyddol sylfaenol ”) means dental services provided under a contract or agreement to which Part 5 of the 2006 Act(22) (dental services) applies;

“ primary medical services ” (“ gwasanaethau meddygol sylfaenol ”) means medical services provided under a contract or an agreement to which Part 4 of the 2006 Act(23) (medical services) applies;

“ primary services ” (“ gwasanaethau sylfaenol ”) means, in respect of a medical practitioner, primary medical services and, in respect of a dental practitioner, primary dental services;

“ professional conduct ” (“ ymddygiad proffesiynol ”) includes matters relating both to professional conduct and professional performance;

“ professional registration number ” (“ rhif cofrestru proffesiynol ”) means—

(a) in relation to a medical practitioner, the number against the medical practitioner’s name in the register of medical practitioners, and

(b) in relation to a dental practitioner, the number against the dental practitioner’s name in the dentists register;

“ register of medical practitioners ” (“ cofrestr o ymarferwyr meddygol ”) has the meaning given to it by section 2(2) of the 1983 Act(24) (registration of medical practitioners);

“ regulatory body ” (“ corff rheoleiddio ”) means a body anywhere in the world which regulates or licenses any profession of which the practitioner is or has been a member and includes a body which regulates or licenses the education, training or qualifications of that profession;

“ relevant body ” (“ corff perthnasol ”) means, in relation to a practitioner, the body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002(25) (regulatory bodies), which regulates the profession of the practitioner;

“ relevant performers list ” (“ rhestr cyflawnwyr berthnasol ”) means—

(a) in the case of a medical practitioner, a medical performers list, and

(b) in the case of a dental practitioner, a dental performers list;

“ returning practitioner ” (“ ymarferydd sy’n dychwelyd ”) means a practitioner who was included in a performers list or a previous performers list at any time before making an application for inclusion in a performers list;

“ services list ” (“ rhestr gwasanaethau ”) means a list prepared by a Primary Care Trust under regulation 3 of the National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003(26);

“ Special Health Authority ” (“ Awdurdod Iechyd Arbennig ”) has the meaning given under sections 22 and 206 of the 2006 Act(27);

“ supplementary list ” (“ rhestr atodol ”) means a list prepared by a Local Health Board under regulation 3 of the National Health Service (General Medical Services Supplementary List) (Wales) Regulations 2002(28);

“ Type 1 armed forces GP ” (“ ymarferydd cyffredinol Math 1 i’r lluoedd arfog ”) means a medical practitioner—

(a) who is a member of the armed forces or employed by the Ministry of Defence, and

(b) whose name is included in the GP Register;

“ Type 2 armed forces GP ” (“ ymarferydd cyffredinol Math 2 i’r lluoedd arfog ”) means a medical practitioner—

(a) who is not a Type 1 armed forces GP,

(b) whose name is included in the GP Register, and

(c) who is engaged under a contract for services specifically for the provision of medical services to members of the armed forces.

Part 2 General Provisions as to Performers Lists

Performers lists

1. —(1) A Local Health Board must prepare, maintain and publish, in accordance with this Part, as modified or supplemented by the relevant Part—

(a) a medical performers list, and

(b) a dental performers list.

(2) Performers lists must be made available for public inspection.

(3) In this regulation, “ the relevant Part ” means, in relation to medical performers lists, Part 3, and in relation to dental performers lists, Part 4.

Application for inclusion in a performers list

1. —(1) An application by a practitioner for inclusion in a performers list must be made by sending the Local Health Board an application in writing, which must include the information and documentation required by this regulation and—

(a) in relation to an application for inclusion in a medical performers list, satisfy the requirements of regulation 29, and

(b) in relation to an application for inclusion in a dental performers list, satisfy the requirements of regulation 37.

(2) The practitioner must provide the following information, subject to paragraphs (9) and (10), which set out modified requirements for certain practitioners—

(a) the practitioner’s full name;

(b) the practitioner’s date of birth;

(c) the practitioner’s residential address and telephone number;

(d) chronological details of the practitioner’s professional experience (including the starting and finishing dates of each appointment) with any additional supporting particulars, and, if the practitioner has been dismissed from any post, the reasons for that dismissal;

(e) names and addresses of two referees who are willing to provide clinical references relating to two recent posts (which may include any current post) each of which lasted at least 3 months without a significant break, or, where this is not possible, a full explanation as to why that is the case and the names and addresses of two alternative referees;

(f) where the practitioner has one, a copy of the practitioner’s most recent appraisal;

(g) evidence that the practitioner has in force an appropriate indemnity arrangement which provides the practitioner with cover in respect of liabilities that may be incurred in carrying out the practitioner’s work;

(h) confirmation of whether the practitioner is, or was at any time, included in any list;

(i) confirmation of whether the practitioner has any outstanding application, including a deferred application, to be included in any list and if so, particulars of that application;

(j) details of any list—

(i) from which the practitioner was removed,

(ii) in relation to which the practitioner was refused inclusion,

(iii) in which the practitioner was included subject to conditions, or

(iv) from which the practitioner is currently suspended,

together with an explanation as to why;

(k) if the practitioner is the director of a body corporate that is included in any list or which has an outstanding application (including a deferred application) for inclusion in any such list, the name and address of the registered office of that body corporate and details of that list (including the holder of the list);

(l) where the practitioner is, was in the preceding 6 months, or was at the time of the originating event, a director of a body corporate, details of any list (including the holder of the list)—

(i) from which that body has been removed,

(ii) in relation to which that body has been refused inclusion,

(iii) in which it has been included subject to conditions, or

(iv) from which it is currently suspended,

together with an explanation as to why;

(m) an enhanced criminal record certificate under section 113B of the Police Act 1997(29) (enhanced criminal record certificates) which—

(i) is dated within 6 months immediately preceding the date upon which the practitioner makes the application under this regulation, and

(ii) includes suitability information relating to children and suitability information relating to vulnerable adults under sections 113BA (suitability information relating to children) and 113BB (suitability information relating to vulnerable adults) of that Act respectively(30);

(n) if the practitioner has never resided in the United Kingdom—

(i) a certificate issued by an authority of the country in which they are currently residing which is equivalent to an enhanced criminal record certificate referred to in paragraph (m), or

(ii) if the practitioner is unable to obtain such a certificate, a statement in writing demonstrating that the practitioner has taken all reasonable steps to obtain such a certificate.

(3) The practitioner must provide the following undertakings—

(a) to provide any declaration or document, if applicable, required by regulation 11,

(b) to notify the Local Health Board within 7 days of any material changes to the information provided in or with the application whether such change occurs—

(i) before the Local Health Board’s determination of the practitioner’s application, or

(ii) at any time when the practitioner’s name is included in that list, including during any periods of suspension,

(c) to maintain an appropriate indemnity arrangement which provides cover in respect of liabilities that may be incurred in carrying out work as a practitioner at all times and to provide evidence of such an indemnity arrangement to the Local Health Board on request,

(d) to notify the Local Health Board if the practitioner is included, or applies to be included, in any other list,

(e) to co-operate with an assessment by NHS Resolution when requested to do so by the Local Health Board,

(f) to participate in any appraisal system provided on behalf of the Local Health Board except where the relevant provision provides otherwise, and

(g) to consent to the disclosure of information in accordance with regulation 11(8).

(4) A Type 1 armed forces GP is not required to provide the undertaking referred to in paragraph (3)(f) but is to give an undertaking to provide the Local Health Board with a copy of any annual appraisal of the practitioner relating to the practitioner’s provision of medical services as a Type 1 armed forces GP.

(5) The practitioner must send with the application a declaration as to whether the practitioner—

(a) has any criminal convictions in the United Kingdom (but the practitioner need not declare a protected conviction), including one in respect of which the practitioner has been bound over,

(b) has accepted a police caution in the United Kingdom (but the practitioner need not declare a protected caution),

(c) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995(31) (fixed penalty: conditional offer by procurator fiscal) or a compensation offer under section 302A of that Act(32) (compensation offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992(33) (penalty as alternative to prosecution),

(d) has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995(34) (admonition and absolute discharge) discharging the practitioner absolutely,

(e) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales (but the practitioner need not declare such an offence if the offence would constitute a protected conviction if committed in England and Wales),

(f) is currently the subject of any proceedings (which includes arrest, charge or bail) which might lead to a conviction,

(g) has been the subject of any investigation by any regulatory or other body, which included a finding which is adverse to the practitioner,

(h) is currently the subject of any investigation by any regulatory or other body,

(i) has been or is involved in an inquest, as an interested person within the meaning of section 47(2)(f) of the Coroners and Justice Act 2009(35) (a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so),

(j) has been the subject of any investigation by the NHS Business Services Authority or the NHS Counter Fraud Authority in relation to fraud which included a finding adverse to the practitioner,

(k) is currently to the practitioner’s knowledge the subject of any investigation by the NHS Counter Fraud Authority in relation to fraud,

(l) is the subject of any investigation by the holder of any list which might lead to the practitioner’s removal from the list,

(m) is the subject of any investigation in respect of any current or previous employment,

(n) has been the subject of any investigation in respect of any current or previous employment which included a finding adverse to the practitioner,

(o) has been removed or is currently suspended from, or has been refused inclusion in or included subject to conditions in, any list, or

(p) is, or has ever been, subject to a national disqualification.

(6) Where a practitioner makes a declaration regarding any matter under paragraph (5), the practitioner must give details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place, and any outcome.

(7) If a practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director of a body corporate, the practitioner must make a declaration to the Local Health Board as to whether the body corporate—

(a) has any criminal convictions in the United Kingdom,

(b) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales,

(c) is currently the subject of any proceedings (which includes a charge) which might lead to a conviction,

(d) has been the subject of any investigation by any regulatory or other body which included a finding adverse to the body corporate,

(e) is currently the subject of any investigation by any regulatory or other body,

(f) has been the subject of any investigation by the NHS Business Services Authority or the NHS Counter Fraud Authority in relation to fraud which included a finding adverse to the body corporate,

(g) is currently to the practitioner’s knowledge the subject of any investigation by the NHS Counter Fraud Authority in relation to fraud,

(h) is the subject of any investigation by the holder of any list which might lead to its removal from that list,

(i) was removed or is currently suspended from, or was refused inclusion in or included subject to conditions in, any list, or

(j) is, or ever was, subject to a national disqualification.

(8) Where the practitioner makes a declaration regarding any matter under paragraph (7), the practitioner must give details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place, and any outcome.

(9) This regulation applies to—

(a) a returning practitioner as if sub-paragraphs (b), (d), (e) and (g) of paragraph (2) were omitted, and

(b) a GP Registrar to whom paragraph (10) applies as if sub-paragraphs (b), (d), (e), (f) and (g) of paragraph (2) were omitted.

(10) This paragraph applies to a GP Registrar who makes an application for inclusion in a medical performers list within the period of 6 months ending with the date on which they are expected to be awarded a CCT.

(11) For the purposes of—

(a) paragraph (3)(f), “ the relevant provision ” means—

(i) in relation to Type 1 armed forces GPs, paragraph (4), and

(ii) in relation to emergency registered practitioners, Schedule 1, sub-paragraph 2(1)(b),

(b) paragraph (5)(a) and (e), “ protected conviction ” means a conviction of the kind described in article 2A(2) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975(36), and

(c) paragraph (5)(b), “ protected caution ” means a caution of the kind described in article 2A(1) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

Application for inclusion in a performers list by a practitioner already listed in a performers list or an equivalent performers list

1. —(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—

(a) in relation to application for inclusion in a medical performers list, satisfy the requirements of regulation 30, and

(b) in relation to an application for inclusion in a dental performers list, satisfy the requirements of regulation 38.

(2) The practitioner must provide the information required by paragraph (2)(a), (b), (c), (g), (i), (j), (k) and (l) of regulation 4.

(3) The practitioner must provide the information and undertakings required by paragraph (3) of regulation 4.

(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.

(5) The practitioner must provide an enhanced criminal record certificate as required by paragraph (2)(m) of regulation 4 unless—

(a) the practitioner is registered with the Disclosure and Barring Service update service and has provided—

(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

(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

(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—

(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

(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.

(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.

(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).

(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—

(a) the practitioner is provisionally included in its performers list (with or without conditions);

(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

(c) the practitioner is refused admission to its performers list.

(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—

(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—

(i) include the practitioner in its performers list;

(ii) include the practitioner in its performers list subject to conditions, or

(iii) remove the practitioner from its performers list, or

(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.

(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.

(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.

(12) The Local Health Board must notify the practitioner as soon as possible that—

(a) the practitioner’s application to be included in its performers list has been successful, or

(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.

(13) A practitioner may not withdraw an application made under this regulation whilst a Local Health Board is deciding that application.

Consideration of applications

1. —(1) In considering a practitioner’s application for inclusion in a performers list the Local Health Board must—

(a) check all the information and all documents the practitioner has provided under these Regulations;

(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;

(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;

(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).

(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.

(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—

(a) any current employer or former employer of the practitioner;

(b) any body corporate;

(c) the holder of any list;

(d) any regulatory or other body;

provided that person is involved in the matter which is the subject of the information, declaration or other documentation provided by the practitioner.

(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.

(5) The information referred to in paragraph (1)(c) is—

(a) any information received by NHS Resolution following a notification by a Local Health Board under regulation 21(1) (notification),

(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

(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.

(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(37) 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.

Readmission

1. —(1) Where a practitioner has been removed from a performers list by a Local Health Board on the grounds that the practitioner has been convicted of a criminal offence, and that conviction is overturned on appeal, that Local Health Board may agree to include the practitioner in its performers list without the need for the practitioner to provide an application that complies with all, or any particular provision, of regulation 4 and, as the case may be, regulation 29, 30, 37 or 38, if the Local Health Board—

(a) is satisfied that there are no other matters that need to be considered, and

(b) has received an undertaking from the practitioner to comply with the requirements of these regulations.

(2) In a case to which paragraph (1) applies, if the conviction is reinstated on a further appeal, the previous determination of the Local Health Board to remove that practitioner from its performers list will once again have effect.

Decisions and grounds for refusal

1. —(1) A Local Health Board—

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

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

(2) The grounds on which the Local Health Board may refuse to include a practitioner in a performers list are, in addition to those prescribed in the relevant Part, that—

(a) 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—

(i) in the case of a medical practitioner, regulations 29 and 30, and

(ii) in the case of a dental practitioner, regulations 37 and 38,

(b) 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,

(c) 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,

(d) 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,

(e) 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,

(f) 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

(g) 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.

(3) Where a Local Health Board is considering a refusal of a practitioner’s application under a ground contained in paragraph (2) it must, in particular, take into consideration—

(a) the nature of any matter in question,

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

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

(d) 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,

(e) whether any offence was a sexual offence for the purposes of Part 2 of the Sexual Offences Act 2003(38) (sexual offences), or which if it had been committed in England and Wales, would have been such an offence,

(f) whether, in respect of any list, the practitioner—

(i) was refused inclusion in it,

(ii) was included subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

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

(g) 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—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

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

(4) The grounds on which a Local Health Board must refuse to include a practitioner in its performers list are, in addition to any prescribed in the relevant Part, that—

(a) 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;

(b) 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;

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

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

(e) 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;

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

(g) 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.

(5) Paragraph (4)(a) does not apply in the case of a Type 1 armed forces GP or a Type 2 armed forces GP.

(6) Where a Local Health Board has made a decision on a practitioner’s application for inclusion in a performers list, it must notify the practitioner within 7 days of—

(a) its decision, and

(b) 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.

(7) Where a Local Health Board notifies a practitioner under paragraph (6)(b), it must—

(a) 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

(b) tell the practitioner how to exercise that right.

Removal of a returning practitioner after delayed checks

1. —(1) This regulation applies where a Local Health Board has decided to include a returning practitioner in a performers list.

(2) A Local Health Board must remove the returning practitioner from its performers list at the end of the period of 3 months beginning with the date of the decision to include them in the list, unless a Local Health Board has before the end of that period—

(a) carried out the checks referred to in regulation 6(1)(b) and (c) that would apply to any other practitioner, and

(b) obtained from the returning practitioner any further information it has sought under regulation 6(2).

(3) A Local Health Board must remove the returning practitioner from its performers list—

(a) if the checks and information referred to in paragraph (2) lead to the disclosure of new information to a Local Health Board, and

(b) if a Local Health Board, if it had received that information before deciding to include the returning practitioner in its performers list, it would have refused to include the returning practitioner in its performers list in accordance with regulation 8.

Deferment of decision on application

1. —(1) A Local Health Board may defer a decision on a practitioner’s application to be included in a performers list, where—

(a) there are, in respect of the practitioner—

(i) criminal proceedings in the United Kingdom, or

(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence and if those proceedings resulted in a conviction or the equivalent of a conviction that would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(b) there are, in respect of a body corporate of which the practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director—

(i) criminal proceedings in the United Kingdom, or

(ii) proceedings elsewhere in the world relating to conduct, which, if it had occurred in the United Kingdom, would constitute a criminal offence and, if those proceedings resulted in a conviction or the equivalent of a conviction that would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(c) there is any investigation anywhere in the world by any regulatory or other body relating to the practitioner which, if adverse to the practitioner, would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(d) the practitioner is suspended from any list;

(e) a body corporate of which the practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director, is suspended from any list;

(f) the practitioner has appealed to the First-tier Tribunal against a decision to refuse to include the practitioner, or to include the practitioner subject to conditions in any list, or to remove the practitioner from any list, and if that appeal is unsuccessful it would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(g) a body corporate of which the practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director, has appealed to the First-tier Tribunal against a decision to refuse to include the body corporate or to include it subject to conditions in any list or to remove it from any list, and if that appeal is unsuccessful, it would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(h) the practitioner is being investigated by the NHS Counter Fraud Authority in relation to fraud, where, if the result included a finding adverse to the practitioner it would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(i) a body corporate, of which the practitioner is, has in the preceding 6 months been, or was at the time of the originating event a director, is being investigated in relation to any fraud, where if the result included a finding adverse to the body corporate it would, if the practitioner were at that time included in a performers list, be likely to lead to the practitioner’s removal from it;

(j) the First-tier Tribunal is considering an application from a Local Health Board for a national disqualification of the practitioner or a body corporate of which the practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director.

(2) Within 7 days of the date of a decision under paragraph (1), a Local Health Board must notify the practitioner in writing of that decision and the reasons for it.

(3) The Local Health Board may only defer a decision under paragraph (1) until the outcome of the matter in question is known or any suspension under sub-paragraph (d) or (e) of that paragraph has ended.

(4) Once the outcome of the matter in question is known or any suspension has ended (as the case may be), the Local Health Board must notify the practitioner that the practitioner must, within 28 days of the date of the notification—

(a) confirm in writing that the practitioner wishes to proceed with the practitioner’s application, and

(b) if the practitioner wishes to proceed, provide any additional information required.

(5) Provided any confirmation and additional information has been received within the period of 28 days referred to in paragraph (4), the Local Health Board must—

(a) make a decision in accordance with regulation 8 and regulation 31(1) or 39(1) or (2) (as the case may be) as to whether or not to grant the practitioner’s application to be included in its performers list; or

(b) consider whether to impose conditions on the practitioner’s inclusion in its performers list in accordance with regulation 12.

(6) Where, under paragraph (5), the Local Health Board decides to grant or refuse the practitioner’s application, paragraphs (6) and (7) of regulation 8 apply as if there had been no deferment.

Requirements with which a practitioner included in a performers list must comply

1. —(1) Where a practitioner is included in a performers list, the practitioner must comply with the requirements applicable to the practitioner under this regulation.

(2) A practitioner must make a declaration to the Local Health Board during each reporting period confirming that they continue to perform services that are regulated under regulation 27 or regulation 35, as the case may be.

(3) The reporting periods in paragraph (2) are—

(a) the period beginning with 1 April 2026 and ending with 31 March 2027, and

(b) each subsequent period of 12 months.

(4) The practitioner must make a declaration to the Local Health Board if the practitioner—

(a) is convicted of a criminal offence in the United Kingdom,

(b) is bound over following a criminal conviction in the United Kingdom,

(c) accepts a police caution in the United Kingdom,

(d) has accepted a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995 (fixed penalty: conditional offer by procurator fiscal) or a compensation offer under section 302A of that Act (compensation offer by procurator fiscal) or agreed to pay a penalty under section 115A of the Social Security Administration Act 1992 (penalty as alternative to prosecution),

(e) has, in proceedings in Scotland for an offence, been the subject of an order under section 246(2) or (3) of the Criminal Procedure (Scotland) Act 1995 (admonition and absolute discharge) discharging the practitioner absolutely,

(f) is convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales,

(g) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence,

(h) is involved in an inquest as an interested person within the meaning of section 47(2)(f) (a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so) of the Coroners and Justice Act 2009,

(i) is informed by any regulatory or other body of the outcome of any investigation which includes a finding adverse to the practitioner,

(j) becomes the subject of any investigation by any regulatory or other body,

(k) becomes the subject of any investigation in respect of any current or previous employment, or is informed of the outcome of any such investigation, which includes a finding adverse to the practitioner,

(l) becomes to the practitioner’s knowledge the subject of any investigation by the NHS Counter Fraud Authority in relation to fraud, or is informed of the outcome of such an investigation which includes a finding adverse to the practitioner,

(m) becomes the subject of any investigation by the holder of any list which could lead to the practitioner’s removal from the list,

(n) is removed or suspended from, refused inclusion in, or included subject to conditions in, any list, or

(o) becomes subject to a national disqualification.

(5) A declaration regarding any matter under paragraph (4) is to be in writing, given within 7 days of its occurrence and is to include—

(a) an explanation of the facts giving rise to that matter, including details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place and any outcome, and

(b) copies of any relevant documents.

(6) A practitioner must make a declaration to the Local Health Board if the practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director of a body corporate that—

(a) is convicted of a criminal offence in the United Kingdom,

(b) is convicted elsewhere of an offence which would constitute a criminal offence if committed in England and Wales,

(c) is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence,

(d) is informed by any regulatory or other body of the outcome of any investigation which includes a finding adverse to the body corporate,

(e) becomes the subject of any investigation by any regulatory or other body,

(f) becomes the subject of any investigation in relation to fraud, or is informed of the outcome of any such investigation, which includes a finding adverse to the body corporate,

(g) becomes the subject of any investigation by the holder of any list which might lead to its removal from that list,

(h) is removed or suspended from, refused inclusion in or included subject to conditions in, any list,

(i) is involved in an inquest as an interested person within the meaning of section 47(2)(f) (a person who may by any act or omission have caused or contributed to the death of the deceased, or whose employee or agent may have done so) of the Coroners and Justice Act 2009, or

(j) becomes subject to a national disqualification.

(7) A declaration regarding any matter under paragraph (6) is to be in writing, given within 7 days of its occurrence and is to include—

(a) the name and registered address of the body corporate,

(b) an explanation of the facts giving rise to that matter, including details of any investigation or proceedings which were or are to be brought, including the nature of the investigation or proceedings, where and approximately when that investigation or those proceedings took place or are to take place and any outcome, and

(c) copies of any relevant documents.

(8) Where it appears to the Local Health Board that it may assist its consideration of any declaration made under paragraph (4) or (6) to do so, the Local Health Board may request further information from any of the following—

(a) any current or former employer of the practitioner;

(b) any body corporate;

(c) the holder of any list;

(d) any regulatory or other body

provided that person is involved in the matter which is the subject of the declaration.

(9) Where a Local Health Board has made a request under paragraph (8), the practitioner must consent to the provision of information in response to that request.

(10) Where a Local Health Board reasonably requests it, a practitioner must supply that Local Health Board with an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) which includes suitability information relating to children and suitability information relating to vulnerable adults under sections 113BA and 113BB of that Act respectively and which is dated after the date of the Local Health Board’s request.

(11) Where a Local Health Board reasonably requests it, if the practitioner has never resided in the United Kingdom, the practitioner must supply—

(a) a certificate issued by an authority of the country in which they are currently residing which is equivalent to an enhanced criminal record certificate, or

(b) if the practitioner is unable to obtain such a certificate, a statement in writing demonstrating that the practitioner has taken all reasonable steps to obtain such a certificate.

(12) A practitioner must comply with any undertaking given pursuant to the practitioner’s application for inclusion in any performers list, previous performers list, or any list from which the practitioner has transferred under Schedule 1 to the 2004 Regulations(39) or the Schedule to the National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2006(40).

(13) A practitioner must participate in any appraisal system provided on behalf of the Local Health Board with which they are listed, except where the relevant provision provides otherwise, and send the Local Health Board a copy of the statement summarising that appraisal.

(14) The requirement in paragraph (13) does not apply in the case of a Type 1 armed forces GP, but a Type 1 armed forces GP is to give an undertaking to provide the Local Health Board with a copy of any annual appraisal of the practitioner relating to the practitioner’s provision of medical services as a Type 1 armed forces GP.

(15) A practitioner must comply with any conditions imposed by the Local Health Board or the First-tier Tribunal on the practitioner’s inclusion in a performers list under regulation 12, 13, 14, 18 or 19.

Conditions

1. —(1) Where the Local Health Board considers it appropriate for the purpose of preventing any prejudice to the efficiency of the services which those included in a performers list perform or for the purpose of preventing fraud, it may impose conditions on a practitioner’s—

(a) initial inclusion in a performers list, or

(b) continued inclusion in such a list.

(2) Where the Local Health Board is considering imposing conditions under paragraph (1)(b) it must give the practitioner—

(a) notice of any allegation against the practitioner,

(b) notice of what action it is considering and on what grounds,

(c) the opportunity to make representations to it within a period of 28 days of the date of the notification under sub-paragraph (b), and

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

(3) After consideration of any representations made under paragraph (2)(c) and any oral hearing held under paragraph (2)(d), the Local Health Board must—

(a) decide whether or not to impose conditions on the practitioner’s inclusion in its performers list, and

(b) within 7 days of making that decision, notify the practitioner of—

(i) that decision and the reasons for it (including any facts relied upon),

(ii) any right of review under regulation 18, and

(iii) any right of appeal under regulation 19.

(4) Where the Local Health Board notifies a practitioner under paragraph (3)(b)(iii) it must also inform the practitioner—

(a) 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

(b) how to exercise any such right.

(5) Where the Local Health Board decides to impose conditions under paragraph (1)(a), the practitioner must, within 28 days of the date of notification of the decision—

(a) notify the Local Health Board whether the practitioner wishes to be included in the performers list subject to those conditions, and

(b) provide an undertaking that the practitioner will comply with the conditions specified (if the practitioner does so wish).

Failure to comply with conditions

1. —(1) If the Local Health Board determines that a practitioner has failed to comply with any conditions imposed under regulation 12, it may—

(a) vary all or any of the conditions imposed,

(b) impose new conditions, or

(c) after satisfying the requirements of regulation 16(8) to (11), remove the practitioner from its performers list.

(2) Where the Local Health Board makes a decision under paragraph (1)(a) or (b) it must notify the practitioner of—

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

(b) the right of review under regulation 18, and

(c) the right of appeal under regulation 19.

Suspension

1. —(1) If a Local Health Board is satisfied that it is necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may suspend a practitioner from its performers list—

(a) while the Local Health Board decides whether or not to exercise its powers to—

(i) impose conditions on the practitioner’s inclusion in a performers list under regulation 12, or

(ii) remove the practitioner under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b),

(b) while it awaits—

(i) the outcome of any criminal or regulatory investigation affecting the practitioner;

(ii) a decision of a court anywhere in the world, or of any regulatory body, affecting the practitioner,

(c) where it has decided to remove the practitioner from a performers list, but that decision has yet to take effect, or

(d) pending an appeal under these Regulations.

(2) The Local Health Board must suspend a practitioner from a performers list if the practitioner’s registration—

(a) in the register of medical practitioners is subject to an interim suspension order made under section 41A of the 1983 Act(41);

(b) in the dentists register is subject to an interim suspension order made under section 32 of the Dentists Act 1984(42).

(3) A suspension under paragraph (2) will cease to have effect on the date that the interim suspension order referred to in that paragraph ends.

(4) Where the Local Health Board suspends a practitioner under paragraph (2) it must notify the practitioner of the suspension and the reason for it.

(5) Where the Local Health Board is considering suspending a practitioner under paragraph (1), unless paragraph (9) applies (suspension with immediate effect) it must give the practitioner—

(a) notice of any allegation against the practitioner;

(b) notice of what action it is considering and on what grounds, and

(c) the opportunity to put the practitioner’s case at an oral hearing before it, on a specified day, provided that at least 2 working days’ notice of the hearing is given (beginning with the day on which the notice is given).

(6) Where a practitioner does not wish to have an oral hearing under paragraph (5)(c) or does not attend one, the Local Health Board may suspend the practitioner with immediate effect.

(7) If an oral hearing does take place, the Local Health Board must take into account any representations made before it reaches its decision, and the Local Health Board may—

(a) suspend the practitioner with immediate effect, or

(b) if the practitioner agrees to conditions proposed by the Local Health Board which are to apply during a period described in paragraph (1), allow the practitioner to resume practice subject to those conditions until that period ends.

(8) Where the Local Health Board suspends a practitioner in a case falling within paragraph (1)(a) or (b), it must notify the practitioner of the right of review under regulation 18.

(9) Where the Local Health Board considers it necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may determine that a suspension under paragraph (1) is to have immediate effect without undertaking the steps specified in paragraph (5).

(10) When a practitioner is suspended in accordance with paragraph (9)—

(a) the Local Health Board must immediately notify the practitioner of its decision, the reasons for it and the allegations against the practitioner;

(b) the Local Health Board must review its decision before the end of the next working day following the day on which its decision was made;

(c) the Local Health Board is as soon as practicable to give the practitioner—

(i) notice of what further action it is considering and on what grounds, and

(ii) the opportunity to put the practitioner’s case at an oral hearing before it, on a specified day, provided that at least 2 working days’ notice of the hearing is given (beginning with the day on which the notice is given).

(11) If a decision to suspend a practitioner in accordance with paragraph (9) is not reviewed in accordance with paragraph (10)(b), the suspension will cease to have effect on the expiry of the period mentioned in that paragraph.

(12) Where a practitioner does not wish to have an oral hearing under paragraph (10)(c)(ii) or does not attend one, the Local Health Board may confirm or revoke the suspension.

(13) If an oral hearing under paragraph (10)(c)(ii) does take place, the Local Health Board must take into account any representations made before it reaches its decision, and the Local Health Board may—

(a) confirm or revoke the suspension, or

(b) if the practitioner agrees to conditions proposed by the Local Health Board which are to apply during a period described in paragraph (1), allow the practitioner to resume practice subject to those conditions until that period ends.

(14) Where the Local Health Board decides to confirm a suspension under paragraph (12) or (13)(a) the Local Health Board must notify the practitioner of—

(a) its decision and the right of review under regulation 18, immediately, and

(b) the reasons for it (including any facts relied upon) within 7 days of the decision.

(15) Subject to paragraph (22), in a case falling within paragraph (1)(a) or (b), the Local Health Board must specify a period, not exceeding 6 months, as the period of suspension (“ the initial period of suspension ”).

(16) In a case falling within—

(a) paragraph (1)(b)(i), after the outcome of the investigation referred to in that paragraph is known, the Local Health Board may specify that the practitioner remains suspended for an additional period of time so long as the aggregate of the initial and additional period of suspension does not exceed 6 months;

(b) paragraph (1)(b)(ii), after the decision referred to in that paragraph has been made, the Local Health Board may specify that the practitioner remains suspended for an additional period so long as the aggregate of the initial and additional period of suspension does not exceed 6 months.

(17) Where the Local Health Board specifies under paragraph (16) that the practitioner should remain suspended for an additional period, it must immediately notify the practitioner of this.

(18) Subject to paragraph (22), the Local Health Board may extend the initial period of suspension under paragraph (15) or impose a further period of suspension under paragraph (16), so long as the aggregate does not exceed 6 months.

(19) Any period of suspension referred to in paragraph (16)(a) or (b) may be extended beyond 6 months if—

(a) on the application of the Local Health Board, the First-tier Tribunal so orders, or

(b) the Local Health Board has applied to the First-tier Tribunal under sub-paragraph (a) before the expiry of the initial period of suspension but the First-tier Tribunal has not made an order by the time that initial period expires, in which case the period of suspension continues until the First-tier Tribunal makes an order.

(20) If the First-tier Tribunal makes an order in accordance with paragraph (19)(a), it must specify—

(a) a date on which the period of suspension is to end,

(b) an event beyond which it is not to continue, or

(c) that the period of suspension is to end on the earlier of a specified date or event.

(21) The First-tier Tribunal may, on the application of the Local Health Board, make a further order (complying with paragraph (20)) at any time while the period of suspension pursuant to its earlier order is continuing.

(22) A suspension under paragraph (1)(a) remains effective after the Local Health Board has made a decision to exercise its powers to remove the practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c) or 19(7)(b) until the decision for the removal of the practitioner takes effect.

(23) If the Local Health Board suspends a practitioner in a case falling within paragraph (1)(c) or (d), the suspension has effect until—

(a) in a case falling within paragraph (1)(c), the decision takes effect, or

(b) in a case falling within paragraph (1)(d), the First-tier Tribunal has disposed of the appeal.

(24) If the Local Health Board is in possession of evidence that revoking a suspension imposed under paragraph (1) will not compromise the protection of patients or members of the public or the public interest, the Local Health Board may at any time revoke that suspension with immediate effect and notify the practitioner of its decision.

(25) Subject to paragraph (27), whilst suspended under these Regulations, a practitioner is to be treated as not being included in a performers list, even though the practitioner appears in it.

(26) Nothing in paragraph (25) prevents a practitioner from being removed from a performers list under regulation 13(1)(c), 16 or 19(7)(b).

(27) For the purpose of an application by a practitioner who is suspended under these Regulations to be included in another performers list, that practitioner is to be treated as still included in the list from which the practitioner is suspended, notwithstanding that suspension.

Payments during suspension

1. —(1) A practitioner may apply to the Local Health Board before the end of the period of 90 days beginning with the date on which a decision to suspend them was made under regulation 14 for payments during the period of suspension.

(2) During a period of suspension under regulation 14, payments may be made by the Local Health Board to or in respect of a practitioner in accordance with a determination by the Welsh Ministers where the practitioner has made an application in accordance with paragraph (1).

(3) If such a payment is made but the practitioner was not entitled to receive all or any part of it, the amount to which the practitioner was not entitled (“ the overpayment ”) may be recovered by the Local Health Board as a civil debt.

(4) Where requested by a practitioner to do so, the Local Health Board must reconsider any decision—

(a) to refuse to make a payment to, or in respect of, the practitioner under paragraph (2),

(b) as to the amount of a payment to, or in respect of, the practitioner under paragraph (2), or

(c) in respect of recovery of what the Local Health Board considers to be an overpayment under paragraph (3).

(5) A request by the practitioner under paragraph (4) must be made before the end of the period of 28 days beginning with the day on which the decision was notified to the practitioner.

(6) Following the reconsideration of such a decision the Local Health Board must notify the practitioner in writing of the outcome of its reconsideration (“ the reconsidered decision ”) together with the reasons for it.

(7) Following notification of the reconsidered decision, the practitioner may, within a period of 28 days beginning on the day on which the practitioner is notified of that reconsidered decision, give the Welsh Ministers a notice of appeal.

(8) A notice of appeal under paragraph (7) must include—

(a) the name and address of the practitioner,

(b) a contact name and address to be used by the Local Health Board for the purposes of the appeal,

(c) a copy of the reconsidered decision, and

(d) a brief statement of the grounds for appeal.

(9) The Welsh Ministers must thereafter send a written request to the practitioner and the Local Health Board (“ the parties ”) to make, in writing and within a specified period, any representations they may wish to make about the matter: the request to the Local Health Board must include a copy of the practitioner’s brief statement of the grounds for appeal.

(10) Once the period specified under paragraph (9) has elapsed, the Welsh Ministers must—

(a) give a copy of any representations received from each party to the other party, and

(b) request that each party make any written observations which that party wishes to make on the representations of the other party.

(11) The Welsh Ministers must, as soon as is reasonably practicable, having taken into account any such representations or observations as referred to in paragraphs (9) and (10) and such other evidence as the Welsh Ministers see fit—

(a) decide the appeal, and notify the parties of their decision and the reasons for it, and

(b) give the Local Health Board such directions in writing, if any, on the matter as the Welsh Ministers thinks fit.

Removal from a performers list

1. —(1) The Local Health Board must remove a practitioner from its performers list where the grounds in regulations 32(1) or 40(1) apply or where it becomes aware that the practitioner—

(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 date prescribed in the relevant Part, and has been sentenced to a term of imprisonment (whether suspended or not) of over 12 months,

(c) is subject to a national disqualification which disqualifies the practitioner from inclusion in the performers list in question,

(d) has died, or

(e) is no longer registered with the practitioner’s relevant body.

(2) Where a Local Health Board is notified by the First-tier Tribunal that it has considered an appeal by a practitioner against conditions imposed under regulation 12 and has decided to remove the practitioner instead, the Local Health Board must—

(a) remove the practitioner from its performers list, and

(b) immediately notify the practitioner that it has done so.

(3) The Local Health Board may remove a practitioner from its performers list where any of the following is satisfied—

(a) the practitioner has been convicted in the United Kingdom of a 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 between 6 and 12 months,

(b) the practitioner’s continued inclusion in that performers list would be prejudicial to the efficiency of the services which those included in that performers list perform (“ an efficiency case ”),

(c) the practitioner—

(i) has (whether on the practitioner’s own or together with another person) by an act or omission caused, or risked causing, detriment to any health scheme by securing or trying to secure for the practitioner or another person any financial or other benefit, and

(ii) knew that the practitioner or the other person was not entitled to the benefit (“ a fraud case ”), or

(d) the practitioner is unsuitable to be included in that performers list (“ an unsuitability case ”).

(4) For the purposes of paragraph (3)(c)—

(a) the following are “ health schemes ”—

(i) the services included in the definition of “ health scheme ” in section 107(7) of the 2006 Act (disqualification of practitioners),

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

(iii) services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 1984(43),

(iv) medical services provided to a prisoner in the care of the medical officer or other officer of a prison appointed for the purposes of section 7 of the Prison Act 1952(44), and

(v) publicly-funded health services provided by or on behalf of any organisation anywhere in the world, and

(b) a practitioner must be treated as meeting the conditions referred to if—

(i) another person, because of an act or omission of that person in the course of providing on the practitioner’s behalf any services which those included in the relevant performers list perform, meets that condition, and

(ii) the practitioner failed to take all such steps as were reasonable to prevent acts or omissions falling within paragraph (3)(c)(i) occurring in the course of the provision of those services on the practitioner’s behalf.

(5) Where a practitioner cannot demonstrate that the practitioner has performed the services, which those included in the relevant performers list perform, within the area of the Local Health Board during the preceding 12 months, the Local Health Board may remove the practitioner from its performers list.

(6) Paragraph (5) does not apply in the case of a Type 1 armed forces GP or a Type 2 armed forces GP.

(7) In calculating the period of 12 months referred to in paragraph (5), the following periods, in addition to any periods disregarded under regulations 32(4) and 40(4), are to be disregarded—

(a) any period during which the practitioner was suspended under these Regulations;

(b) any period during which the practitioner 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, or

(c) any period which the Local Health Board with good cause so determines.

(8) Where a Local Health Board is considering removing a practitioner from its performers list under paragraph (3) or (5) or regulation 13(1)(c) or 19(7)(b), it must give the practitioner—

(a) notice of any allegation against the practitioner;

(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 a period of 28 days of the date of the notification under sub-paragraph (b), and

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

(9) After consideration of any representations made under paragraph (8)(c) and any oral hearing held under paragraph (8)(d), the Local Health Board must decide whether to remove the practitioner and, within 7 days of making that decision, notify the practitioner of—

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

(b) any right of appeal under regulation 19;

(10) When the Local Health Board notifies a practitioner under paragraph (9)(b), it must—

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

(b) tell the practitioner how to exercise any such right.

(11) Where the Local Health Board decides to remove a practitioner from its performers list under paragraph (3) or (5) or regulation 13(1)(c), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b), the practitioner must not be removed from its performers list until the later of—

(a) the expiry of a period of 28 days starting with the day on which the Local Health Board reaches its decision, and

(b) the date on which any appeal is disposed of by the First-tier Tribunal.

Criteria for a decision on removal

1. —(1) Where a Local Health Board is considering whether to remove a practitioner from its performers list under regulation 16(3)(b) (“ an efficiency case ”), it must consider—

(a) any information relating to the practitioner which it has received under regulation 11,

(b) any information held by the NHS Resolution about past or current investigations or proceedings involving or relating to that practitioner which information that authority must supply if the Local Health Board so requests, and

(c) the matters set out in paragraph (2).

(2) The matters referred to in paragraph (1) are—

(a) the nature of any incident which was prejudicial to the efficiency of the services, which the practitioner performed,

(b) the length of time since the last incident occurred and since any investigation into it was concluded,

(c) any action taken by any regulatory or other body (including the police or the courts) as a result of any such incident,

(d) the relevance of the incident to the practitioner’s performance of the services which those included in the relevant performers list perform, and the likely risk to patients or to public finances,

(e) whether the practitioner has ever failed to comply with a request to undertake an assessment by NHS Resolution or any of its predecessor bodies,

(f) whether the practitioner has previously failed to supply information, make a declaration or comply with an undertaking required on inclusion in a performers list or previous performers list,

(g) whether, in respect of any list, the practitioner—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

and, if so, the facts relating to the incident which led to such action and the reasons given for such action by the holder of the list and

(h) 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—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

and, if so, the facts relating to the incident which led to such action and the reasons given for such action by the holder of the list.

(3) Where a Local Health Board is considering whether to remove a practitioner from its performers list under regulation 16(3)(c) (a “ fraud case ”) it must consider—

(a) any information relating to the practitioner which it has received under regulation 11,

(b) any information held by NHS Resolution about past or current investigations or proceedings involving or related to that practitioner, which information that authority must supply if the Local Health Board so requests,

(c) any information held by the NHS Counter Fraud Authority about past or current investigations or proceedings involving or relating to that practitioner, which information that authority must supply if the Local Health Board so requests, and

(d) the matters set out in paragraph (4).

(4) Those matters are—

(a) the nature of any incident of fraud,

(b) the length of time since the last incident of fraud occurred, and since any investigation into it was concluded,

(c) any action taken by any regulatory or other body (including the police or the courts) as a result of the incident,

(d) the relevance of any investigation into an incident of fraud to the practitioner’s performance of the services which those included in the relevant performers list perform, and the likely risk to patients or to public finances,

(e) whether, in respect of any list, the practitioner—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it;

and, if so, the facts relating to the incident which led to such action and the reasons given for such action by the holder of the list, and

(f) 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—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

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

(5) Where a Local Health Board is considering whether to remove a practitioner from its performers list under regulation 16(3)(d) (an unsuitability case), it must consider—

(a) any information relating to that practitioner which it has received under regulation 11,

(b) any information held by NHS Resolution about past or current investigations or proceedings involving or related to that practitioner, which information that authority must supply if the Local Health Board so requests, and

(c) the matters referred to in paragraph (6).

(6) Those matters are—

(a) the nature of any event which gives rise to a question as to the suitability of the practitioner to be included in a performers list,

(b) the length of time since the event and the facts which gave rise to it occurred,

(c) any action taken by any regulatory or other body (including the police or the courts) as a result of any such event,

(d) the relevance of the incident to the practitioner’s performance of the services which those included in the relevant performers list perform, and the likely risk to patients or to public finances,

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

(f) whether, in respect of any list, the practitioner—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

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

(g) 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—

(i) was refused inclusion in it,

(ii) was included in it subject to conditions,

(iii) was removed from it, or

(iv) is currently suspended from it,

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

Reviews

1. —(1) Where a Local Health Board decides to—

(a) impose or vary conditions imposed under regulation 12, 13 or this regulation, or

(b) suspend the practitioner under regulation 14(1)(a) or (b) except where the suspension is continuing by order of the First-tier Tribunal,

it may, and if requested in writing to do so by the practitioner must, review its decision.

(2) Where a Local Health Board decides to—

(a) agree conditions with the practitioner under regulation 14(7)(b) or (13)(b), and

(b) allow the practitioner to resume practice subject to those conditions under those paragraphs,

it may, and if requested in writing to do so by a practitioner must, review its decision.

(3) On a review under paragraph (1)(a), the Local Health Board may—

(a) maintain, vary or remove the conditions,

(b) impose different conditions, or

(c) remove the practitioner from the relevant performers list.

(4) On a review under paragraph (1)(b), the Local Health Board may—

(a) maintain, vary or lift the suspension,

(b) allow the practitioner to resume practice during a period described in regulation 14(1) subject to conditions it has agreed with the practitioner, or

(c) remove the practitioner from the relevant performers list.

(5) On a review under paragraph (2), the Local Health Board may—

(a) agree the same or varied conditions with the practitioner,

(b) remove the conditions, or

(c) remove the practitioner from the relevant performers list.

(6) A practitioner may not request a review of a decision by the Local Health Board before the expiry of a 3 month period beginning with the date of that decision.

(7) After a review has taken place, the practitioner may not request a further review before the expiry of 6 months from the date of the decision of the last review.

(8) Before conducting a review under paragraph (1), the Local Health Board must give the practitioner—

(a) notice of any allegation against the practitioner,

(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 a period of 28 days of the date of the notification under sub-paragraph (b), and

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

(9) After consideration of any representations made under paragraph (8)(c) and any oral hearing held under paragraph (8)(d), the Local Health Board must make its decision and, within 7 days of making that decision, notify the practitioner of—

(a) the decision,

(b) the reasons for it (including any facts relied upon),

(c) any right of appeal under regulation 19, and

(d) the right to a further review under this regulation.

(10) When a Local Health Board notifies a practitioner under paragraph (9)(c), it must—

(a) notify the practitioner that the right of appeal must be exercised within the period of 28 days beginning with the date on which it gave the practitioner notice of its decision, and

(b) inform the practitioner as to how to exercise any such right.

(11) The Local Health Board may not review—

(a) a decision to suspend a practitioner under regulation 14(1)(c) or (d), or (2) (suspension), or

(b) a decision to impose conditions on the inclusion of the practitioner in a performers list whose inclusion in the performers list has been refused under regulation 8(4)(f) or (g) (decisions and grounds for refusal).

Appeals

1. —(1) A practitioner may appeal (by way of redetermination) to the First-tier Tribunal against a decision of a Local Health Board mentioned in paragraph (2).

(2) A decision of the Local Health Board referred to in paragraph (1) is a decision to—

(a) refuse to include a practitioner in a performers list on the grounds referred to in regulation 8(1);

(b) impose, maintain or vary any conditions under regulation 12, 13 or 18;

(c) remove a practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or paragraph (7)(b) of this regulation;

(d) refuse to include—

(i) a medical practitioner in a medical performers list under regulation 31(1), or

(ii) a dental practitioner in a dental performers list under regulation 39(1) or (2).

(3) There is no right of appeal under paragraph (1) against a decision of the Local Health Board—

(a) to refuse to include a practitioner in a medical performers list where the practitioner has applied to be included in that list in accordance with regulation 25 and Schedule 1, or

(b) to remove an emergency registered practitioner from a medical performers list.

(4) On appeal the First-tier Tribunal may make any decision which the Local Health Board could have made.

(5) Where the decision of the First-tier Tribunal on appeal is that the practitioner’s initial inclusion in a performers list is to be subject to conditions, whether or not those conditions are identical to any conditions imposed by the Local Health Board, the Local Health Board must ask the practitioner to notify the Local Health Board within 28 days of the First-tier Tribunal’s decision whether the practitioner wishes to be included in its performers list subject to those conditions and the practitioner must so notify the Local Health Board.

(6) If the practitioner notifies the Local Health Board that the practitioner does wish to be included in a performers list subject to the conditions, the Local Health Board must so include the practitioner.

(7) Where the First-tier Tribunal decides to impose conditions on the inclusion of a practitioner in a performers list—

(a) the Local Health Board or the practitioner may apply to the First-tier Tribunal for the conditions to be varied or for different conditions to be imposed, and

(b) the Local Health Board may, after satisfying the requirements of regulation 16(8) to (11), remove the practitioner from its performers list if it determines that the practitioner has failed to comply with any such conditions.

(8) Following an appeal under paragraph (1), the First-tier Tribunal may, following a request from the practitioner or on its own initiative, review the First-tier Tribunal’s earlier decision in relation to that appeal.

(9) Subject to paragraph (10), a request referred to in paragraph (8) may not be made within the period of 1 year beginning with the date of the First-tier Tribunal’s last decision on the appeal.

(10) When, on making a decision on appeal, the First-tier Tribunal states that it is of the opinion that there is no realistic prospect of a further review being successful if held at the expiry of the 1 year period referred to in paragraph (9), the reference to “ 1 year ” in paragraph (9) is to be treated as a reference to 3 years.

National Disqualification

1. Where the First-tier Tribunal imposes a national disqualification from a performers list on a practitioner under section 115 of the 2006 Act(45)—

(a) the reference in section 115(8)(a) of that Act to a period of 2 years is to be treated as a reference to a period of 5 years if the First-tier 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 2 years;

(b) the reference in section 115(8)(b) of the Act to a period of 1 year is to be treated as a reference to a period of 3 years if the First-tier 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 1 year;

(c) the references in section 115(8)(a) and (b) of the Act to periods of 2 years and 1 year are each to be treated as references to a period of 1 day, if—

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

Notification

1. —(1) Within 7 days of making a decision mentioned in paragraph (2), the Local Health Board must notify the persons and bodies referred to in paragraph (3) of the matters set out in paragraph (4).

(2) A decision of the Local Health Board referred to in paragraph (1) is a decision to—

(a) refuse to include a practitioner in its performers list on the grounds referred to in regulation 8(1), 31(1) or 39(1),

(b) impose conditions under regulation 12 or 14,

(c) vary conditions or impose new conditions under regulation 13,

(d) suspend a practitioner from a performers list under regulation 14, or

(e) remove a practitioner from a performers list under regulation 13(1)(c), 16 (other than 16(1)(d)), 18(3)(c), (4)(c) or (5)(c), 19(7)(b), 32(1) or 40(1).

(3) The persons and bodies referred to in paragraphs (1), (5), (7), (8) and (9) are—

(a) the Welsh Ministers,

(b) any other Local Health Board or equivalent body, to the knowledge of the notifying Local Health Board—

(i) that has the practitioner in any list,

(ii) that is considering an application by the practitioner for inclusion in any list, or

(iii) in whose area the practitioner performs services,

(c) the Scottish Executive,

(d) the Secretary of State,

(e) the Northern Ireland Executive,

(f) the relevant body and any other appropriate regulatory body,

(g) NHS Resolution,

(h) where it is a fraud case, the NHS Counter Fraud Authority,

(i) persons or bodies that can confirm to the Local Health Board’s satisfaction that they are employing or considering employing the practitioner in a professional capacity, and

(j) a partnership which provides primary services and can establish that the practitioner is or was a member of the partnership or that it is considering inviting the practitioner to become such a member.

(4) The matters referred to in paragraph (1) are—

(a) the practitioner’s name, address and date of birth,

(b) the practitioner’s professional registration number,

(c) the date of and a copy of the Local Health Board’s decision, and

(d) a contact name of a person in the Local Health Board for further inquiries.

(5) Where a practitioner withdraws an application for inclusion in a performers list and paragraph (6) applies, the Local Health Board must notify the persons and bodies referred to in paragraph (3) within 7 days.

(6) This paragraph applies where a practitioner withdraws an application for inclusion in a performers list and the Local Health Board has reason to believe that the withdrawal was made to avoid a decision to refuse inclusion in a list under regulations 8, 31 or 39.

(7) The Local Health Board must send to the practitioner a copy of any information about the practitioner which it provides to the persons and bodies listed in paragraph (3) together with any correspondence with those persons and bodies relating to that information.

(8) Where the Local Health Board has notified the persons and bodies specified in paragraph (3) of the matters set out in paragraph (4), it must, in addition, if requested by any such person or body, notify that person or body of any evidence that was considered in making its decision, including any representations from the practitioner.

(9) Where a decision of the Local Health Board is changed on review or appeal, or a suspension ends, the Local Health Board must notify the persons and bodies that were notified of the original decision of the later decision or the fact that that suspension has ended.

Amendment of or withdrawal from a performers list

1. —(1) A practitioner must give notice to the Local Health Board of any change requiring amendment to the information recorded about the practitioner in a performers list and of any change of the practitioner’s residential address.

(2) Notice under paragraph (1) must be given within 28 days of the change unless it is impracticable for the practitioner to do so.

(3) Where a practitioner intends to withdraw from a performers list, the practitioner must notify the Local Health Board.

(4) Notice under paragraph (3) must be given at least 3 months in advance of the date from which the practitioner intends to withdraw unless it is impracticable for the practitioner to do so.

(5) A practitioner must notify the Local Health Board that the practitioner intends to withdraw from the performers list in which the practitioner is included if the practitioner is accepted in any corresponding performers list of another Local Health Board.

(6) On receiving notice from any practitioner under paragraph (1), the Local Health Board must amend its performers list as soon as possible.

(7) On receiving notice from any practitioner under paragraph (3), the Local Health Board must amend its performers list on—

(a) the date notified by the practitioner, provided it falls at least 3 months after the date of the notice, or

(b) an earlier date, if it so agrees.

(8) On receiving notice from any practitioner under paragraph (5), the Local Health Board must remove the practitioner’s name from the performers list in which the practitioner is included as soon as it confirms that that practitioner has been accepted in that other performers list.

(9) A practitioner may, in writing, withdraw a notice given under paragraph (3) at any time before the Local Health Board removes the practitioner from its performers list.

(10) A notice given under paragraph (5) may not be withdrawn once the practitioner has been accepted in that other performers list.

Restrictions on withdrawal from performers list

1. —(1) A practitioner may not withdraw from a performers list where—

(a) the practitioner is suspended from a performers list under regulation 14(1)(a) or (b) or (2), or

(b) the Local Health Board has decided to remove the practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b) but its decision has not yet taken effect.

(2) Where the Local Health Board has notified a practitioner of a matter referred to in paragraph (3), the practitioner may not withdraw from a performers list in which the practitioner is included until the Local Health Board has finished its consideration of those matters.

(3) Those matters referred to in paragraph (2) are that the Local Health Board is considering—

(a) imposing conditions under regulation 12(1)(b),

(b) imposing conditions or removing the practitioner from a performers list under regulation 13,

(c) suspending the practitioner from a performers list under regulation 14, or

(d) removing the practitioner from a performers list under regulation 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b).

(4) Nothing in this regulation prevents a practitioner from withdrawing from the performers list in question if the Welsh Ministers consent to that withdrawal.

Disclosure of information

1. —(1) The Local Health Board may disclose information about a practitioner supplied to it or acquired by it under these Regulations to any of the following—

(a) the Welsh Ministers,

(b) any other Local Health Board or equivalent body—

(i) which has the practitioner in any of its performers lists,

(ii) which is considering an application from the practitioner for inclusion in any of its lists, or

(iii) in whose area the practitioner performs the services in question,

(c) the Scottish Executive,

(d) the Secretary of State,

(e) the Northern Ireland Executive,

(f) NHS Resolution,

(g) the relevant body or any other appropriate regulatory body,

(h) any organisation or employer which, to the knowledge of the Local Health Board, is employing the practitioner or using the practitioner’s services in a professional capacity or considering doing so,

(i) any partnership, which provides primary services, of which, to the knowledge of the Local Health Board, the practitioner is a member, or which is considering inviting the practitioner to become a member, and

(j) where an allegation of fraud is being considered, the NHS Counter Fraud Authority.

(2) The Local Health Board must disclose to the Welsh Ministers any information supplied to it or acquired by it under these Regulations that the Welsh Ministers may from time-to-time request.

Emergency registered practitioners

1. This Part applies subject to Schedule 1 (which provides for the disapplication and modification of specified provisions in relation to emergency registered practitioners).

Part 3 Medical Performers List

Interpretation

1. —(1) In this Part—

“ APMS contract ” (“ contract GMDdA ”) means an arrangement under section 41(2)(b) of the 2006 Act (primary medical services) for the provision of primary medical services;

“ both registers ” (“ y ddwy gofrestr ”) means the register of medical practitioners and the GP Register;

“ contractor ” (“ contractwr ”) has the meaning given in section 42(5) of the 2006 Act (general medical services contracts: introductory);

“ foundation training scheme ” (“ cynllun hyfforddiant sylfaen ”) means postgraduate medical education and training necessary for the award of a CCT in general practice;

“ general medical services contract ” (“ contract gwasanaethau meddygol cyffredinol ”) means a general medical services contract under section 42 of the 2006 Act (general medical services contracts: introductory);

“ Interim Orders Tribunal ” (“ Tribiwnlys Gorchmynion Interim ”) means an interim orders tribunal of the General Medical Council;

“ Medical Practitioners Tribunal ” (“ Tribiwnlys Ymarferwyr Meddygol ”) means a Medical Practitioners Tribunal constituted under paragraph 19G of Schedule 1 to the 1983 Act(46);

“ relevant scheme ” (“ cynllun perthnasol ”) means the scheme in respect of which the general medical practitioner is applying to be included in a medical performers list;

“ scheme ” (“ cynllun ”) means an arrangement to provide primary medical services under a general medical services contract or an APMS contract.

Medical performers list

1. —(1) Subject to paragraphs (2) to (4), a medical practitioner may not perform primary medical services unless the medical practitioner is a general medical practitioner included in a medical performers list.

(2) A medical practitioner who is not included in a medical performers list may administer a vaccine against severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) or perform any primary medical service ancillary to the administration of such a vaccine.

(3) A medical practitioner who is provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals etc) or 21 (provisional registration of EEA national etc with certain overseas qualifications) of the 1983 Act(47), may perform primary medical services, when the medical practitioner is not included in a medical performers list, while acting in the course of the medical practitioner’s employment as part of an acceptable programme for provisionally registered doctors within the meaning of section 10A of the 1983 Act (programmes for provisionally registered doctors) in a medical practice which is a recognised practice setting for the purposes of section 44D of that Act (approved practice settings).

(4) A GP Registrar or other medical practitioner may perform primary medical services when not included in a medical performers list in so far as the performance of those services constitutes a part of a programme of postgraduate supervised clinical practice approved by the General Medical Council under section 34I(1)(a) of the 1983 Act(48).

Contents of a medical performers list

1. In respect of any medical practitioner included in a medical performers list, the list must include—

(a) the medical practitioner’s full name,

(b) the medical practitioner’s professional registration number with, suffixed to it, the organisational code given by the Welsh Ministers to the Local Health Board,

(c) the date of the medical practitioner’s first registration in the register of medical practitioners and, if applicable, the GP Register,

(d) confirmation of whether the medical practitioner is a contractor in relation to a general medical services contract,

(e) confirmation of whether the medical practitioner provides primary medical services under an APMS contract,

(f) confirmation of whether the medical practitioner is a GP Registrar,

(g) confirmation of whether the medical practitioner is an armed forces GP and, if so, whether the medical practitioner is a Type 1 armed forces GP or a Type 2 armed forces GP,

(h) confirmation of whether the medical practitioner is registered as an emergency registered practitioner, and

(i) the date that the medical practitioner was first included in one of the following lists held by a Local Health Board—

(i) a medical performers list,

(ii) a previous medical performers list, or

(iii) a medical list, supplementary list or services list prior to 1 April 2004,

specifying which list.

Application for inclusion in a medical performers list

1. —(1) In addition to satisfying the requirements of regulation 4, an application by a medical practitioner for inclusion in a medical performers list must satisfy the requirements of this regulation.

(2) The medical practitioner must, subject to paragraph (7)—

(a) provide detail of the medical practitioner’s qualifications, details of where they were obtained and evidence of them;

(b) provide a declaration that the medical practitioner is a medical practitioner whose name is included—

(i) in the case of a GP Registrar, in the register of medical practitioners, or

(ii) in any other case, in both registers;

(c) provide the medical practitioner’s professional registration number and dates of first registration—

(i) in the case of a GP Registrar, in the register of medical practitioners, or

(ii) in any other case, in both registers;

(d) in relation to the medical practitioner’s professional experience under regulation 4(2)(d), separate that information into—

(i) general practice experience,

(ii) hospital appointments, and

(iii) other experience,

with full supporting particulars of that experience;

(e) if the medical practitioner is a GP Registrar, provide the name and practice address of the medical practitioner’s GP Trainer;

(f) confirm whether the medical practitioner is a contractor under a general medical services contract;

(g) confirm whether the medical practitioner provides primary medical services under an APMS contract;

(h) confirm whether the medical practitioner is an armed forces GP and, if so, whether the medical practitioner is a Type 1 armed forces GP or a Type 2 armed forces GP.

(3) The medical practitioner must give the following undertakings—

(a) if the medical practitioner is a GP Registrar, unless that medical practitioner has acquired a right under article 6(6) of the Postgraduate Medical Education and Training Order of Council 2010(49) (persons with acquired rights)—

(i) not to perform any primary medical services except when acting for and under the supervision of, the medical practitioner’s GP Trainer,

(ii) to withdraw from a medical performers list if any of the events listed in paragraph (4) takes place, except in situations where paragraph (5) applies, and

(iii) to provide the Local Health Board with evidence of the medical practitioner’s inclusion in the GP Register within 28 days of the medical practitioner’s inclusion in that register;

(b) if the medical practitioner is a contractor under a general medical services contract, to comply with the requirements of paragraph 132 of Part 12 of Schedule 3 to the National Health Service (General Medical Services Contracts) (Wales) Regulations 2023(50) (gifts);

(c) if the medical practitioner is not a contractor under a general medical services contract, to comply with the requirements referred to in sub-paragraph (b) as though the medical practitioner were such a contractor;

(d) not to perform any primary medical services in the area of another Local Health Board from whose medical performers list or medical list the medical practitioner has been removed, except where that removal was at the medical practitioner’s request or in accordance with regulation 16(5) of these Regulations or regulation 7(2) of the National Health Service (General Medical Services) Regulations 1992(51), without the consent, in writing, of that Local Health Board.

(4) The events to which this paragraph applies are—

(a) the conclusion of any period of general practice training approved by the General Medical Council under section 34I(1)(a) of the 1983 Act (postgraduate medical education and training: general functions) unless it forms part of a foundation training scheme which has not yet been completed by the medical practitioner,

(b) the failure to complete satisfactorily any period of general practice training approved by the General Medical Council under section 34I(1)(a) of 1983 Act (postgraduate medical education and training: general functions), and

(c) the completion of a foundation training scheme.

(5) A medical practitioner is not required to withdraw from a medical performers list under paragraph (3)(a)(ii) if, in compliance with the undertaking given under paragraph (3)(a)(iii), the medical practitioner provides the Local Health Board with evidence of the medical practitioner’s inclusion in the GP Register within 28 days of the medical practitioner’s first inclusion in that register.

(6) The provision of evidence of inclusion in the GP Register in accordance with an undertaking given under paragraph (3)(a)(iii) is to constitute notice for the purposes of regulation 22(1).

(7) This regulation applies to an application made by a returning practitioner as if paragraph (2)(a), (b) and (d) were omitted.

Application for inclusion in a medical performers list by a medical practitioner already listed in a medical performers list or an equivalent performers list

1. —(1) In addition to providing the information required by regulation 5(2), the medical practitioner when making an application for inclusion of the medical practitioner’s name in a medical performers list whilst that medical practitioner is included in a medical performers list or equivalent performers list must give the information required by paragraph 2(b), (c), (f), (g) and (h) of regulation 29.

(2) The medical practitioner must provide the information as required by paragraph (2)(a) and (d) of regulation 29 unless paragraph (6) applies, in which case the medical practitioner may instead give their consent under that paragraph.

(3) In addition to the undertakings required by regulation 5(3), the medical practitioner must give the further undertakings as required by paragraph (3) of regulation 29.

(4) If the medical practitioner is a Type 1 armed forces GP included in a list held by a primary care organisation, the medical practitioner is not required to give an undertaking as required by regulation 4(3) as further specified in regulation 4(4).

(5) A medical practitioner may not withdraw an application made under this regulation whilst a Local Health Board is deciding that application.

(6) Where the medical practitioner is already listed in the performers list of a Local Health Board, instead of providing the information required by paragraph (2), the medical 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.

Additional grounds for refusal

1. —(1) In addition to the grounds in regulation 8(2), a Local Health Board may refuse to include a medical practitioner in its medical performers list if—

(a) the medical practitioner’s registration in the register of medical practitioners is subject to conditions by virtue of an order made by an Interim Orders Tribunal, a Medical Practitioners Tribunal or a court under section 41A of the 1983 Act(52) (interim orders),

(b) the medical practitioner’s registration in that register is subject to conditions by virtue of a direction of a Medical Practitioners Tribunal under section 35D(2)(c), (5)(c), (8)(c) or (12) of the 1983 Act(53) (functions of a Medical Practitioners Tribunal), or

(c) the medical practitioner’s registration in that register is subject to conditions by virtue of a direction of a Medical Practitioners Tribunal pursuant to rules made under paragraphs 5A(3D) and 5C(4) of Schedule 4 to the 1983 Act(54) (professional performance assessments).

(2) In addition to the grounds in regulation 8(4), a Local Health Board must also refuse to include a medical practitioner in its medical performers list if—

(a) the medical practitioner is a contractor and, at the time of the medical practitioner’s application, more of the patients of the relevant scheme reside in the area of another Local Health Board than reside in the area of the Local Health Board in whose performers list the medical practitioner has applied for inclusion,

(b) the medical practitioner is a contractor and the relevant scheme is not one that lies within its area, or

(c) the medical practitioner is included in the medical performers list of another Local Health Board, unless the medical practitioner has given notice in writing to that Local Health Board that the medical practitioner wishes to withdraw from that list.

(3) For the purposes of regulation 8(2)(e), the date prescribed in this Part is 3 November 2003 or, if the medical practitioner concerned had been included in a medical list or a supplementary list, 26 August 2002.

Grounds for removal from a medical performers list

1. —(1) In addition to the grounds in regulation 16(1), the Local Health Board must remove a medical practitioner from its performers list where it becomes aware that—

(a) the medical practitioner’s name is no longer included in the GP Register,

(b) the medical practitioner’s registration in the register of medical practitioners has been suspended under section 35D(2)(b), (10)(b) or (12), section 38(1), or paragraph 5A(3D) of Schedule 4 of the 1983 Act(55), unless paragraph (2) applies,

(c) the medical practitioner’s licence to practice has been withdrawn except where this has been withdrawn as a result of an interim suspension order made under section 41A(1)(a) of the 1983 Act(56),

(d) if the medical practitioner is a GP Registrar, the medical practitioner is in breach of an undertaking provided in accordance with regulation 29(3) and has failed to withdraw from the list after the Local Health Board has given the medical practitioner 28 days’ notice requesting the medical practitioner to do so, or

(e) the medical practitioner is included in the medical performers list of another Local Health Board.

(2) Paragraph (1)(b) does not apply where a direction that a medical practitioner’s registration be suspended is made in a health case.

(3) For the purposes of regulation 16(3)(a), the date prescribed in this Part is 3 November 2003 or, if the medical practitioner had been included in a medical list or a supplementary list, 26 August 2002.

(4) In calculating the period of 12 months under regulation 16(7), the Local Health Board must disregard any period during which a medical practitioner’s registration in the register of medical practitioners was suspended.

(5) In this regulation, “ health case ” has the meaning given in section 35E(4) of the 1983 Act(57).

Part 4 Dental Performers Lists

Interpretation

1. In this Part—

“ approved trainer ” (“ hyfforddwr cymeradwy ”) means a dental practitioner—

(a) who is included in a dental performers list, and

(b) who has been approved for a specified period, which has not elapsed, by HEIW as having the requisite skills and suitable practice facilities to act as a trainer;

“ community dental service ” (“ gwasanaeth deintyddol cymunedol ”) means dental services provided under—

(a) section 3(1)(c) of the 2006 Act;

(b) in England, section 3(1)(d) of the National Health Service Act 2006(58);

(c) in Scotland, sections 1 and 39(2) of the National Health Service (Scotland) Act 1978(59);

(d) in Northern Ireland, articles 5(1)(c) and 9(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972(60);

“ contractor ” (“ contractwr ”) means—

(a) a person within the meaning of “ contractor ” in section 57(4) of the 2006 Act, or

(b) a person providing primary dental services under section 64 arrangements;

“ HEIW ” (“ AaGIC ”) means Health Education and Improvement Wales, the Special Health Authority established by article 2 of the Health Education and Improvement Wales (Establishment and Constitution) Order 2017(61);

“ Interim Orders Committee ” (“ Pwyllgor Gorchmynion Interim ”) means the Interim Orders Committee of the General Dental Council;

“ NWSSP Committee ” (“ Pwyllgor PCGC ”) means NHS Wales Shared Services Partnership, established by the Velindre National Health Service Trust Shared Services Committee (Wales) Regulations 2012(62);

“ personal dental services ” (“ gwasanaethau deintyddol personol ”) means personal dental services provided under Part 1 of the National Health Service (Primary Care) Act 1997(63) (pilot schemes for primary care);

“ Practice Committee ” (“ Pwyllgor Ymarfer ”) has the meaning given in section 2(3) of the Dentists Act 1984(64) (Committees of the Council);

“ relevant scheme ” (“ cynllun perthnasol ”) means, in relation to a dental practitioner, the scheme in respect of which the dental practitioner is applying to be included in a dental performers list;

“ scheme ” (“ cynllun ”) means an arrangement to provide primary dental services—

(a) under a general dental services contract within the meaning of section 57(2) of the 2006 Act (general dental services contracts), or

(b) in accordance with section 64 arrangements;

“ section 64 arrangements ” (“ trefniadau adran 64 ”) has the meaning given in section 64(7) of the 2006 Act (arrangements for the provision of primary dental services);

“ Velindre University NHS Trust ” (“ Ymddiriedolaeth GIG Prifysgol Felindre ”) means the NHS trust established by article 2 of the Velindre National Health Service Trust (Establishment) Order 1993(65).

Interpretation: foundation training

1. —(1) In this Part, “ foundation training ” means a relevant period of employment during which a dental practitioner—

(a) is employed under a contract of service by Velindre University NHS Trust under the direction of the NWSSP Committee, and

(b) attends the practice of an approved trainer who has agreed with HEIW to supervise the provision by the dental practitioner of an appropriate range of dental care and treatment and for the dental practitioner to attend such study days as that contract provides, with the aims and objectives of enhancing clinical and administrative competence and promoting high standards through relevant postgraduate training and in particular to—

(i) enable the dental practitioner to practise and improve the practitioner’s skills,

(ii) introduce the dental practitioner to dental practice in primary care,

(iii) identify the dental practitioner’s personal strengths and weaknesses and balance them through a planned programme of training,

(iv) promote oral health of, and quality dental care for, patients,

(v) develop further and implement peer and self review, and promote awareness of the need for professional education, training and audit as a continuing process, and

(vi) enable the dental practitioner to—

(aa) make competent and confident professional decisions including decisions for referrals to other services,

(bb) demonstrate that the practitioner is working within the guidelines regarding the ethics and confidentiality of dental practice,

(cc) implement regulations and guidelines for the delivery of safe practice,

(dd) know how to obtain appropriate advice on, and practical experience of, legal and financial aspects of practice,

(ee) demonstrate that the practitioner has acquired skill and knowledge in the psychology of care of patients and can work successfully as a member of a practice team, and

(ff) demonstrate that the practitioner has completed foundation training to a satisfactory level.

(2) In the definition of “ foundation training ” in paragraph (1), “ relevant period of employment ” means—

(a) a period of full-time employment normally of one year and not more than 2 years, to demonstrate satisfactory completion of foundation training,

(b) an equivalent period of part-time employment, or

(c) in the case of a dental practitioner who is neither exempt under regulation 39(4) from the requirement to undertake foundation training, nor has satisfactorily completed foundation training as in sub-paragraph (a) or (b), but—

(i) has performed community dental service,

(ii) has performed personal dental services prior to 1 April 2006,

(iii) has otherwise gained experience of dentistry in primary care as a dental practitioner,

(iv) has been employed in a hospital as a dental practitioner, or

(v) holds or is enrolled on a course to achieve a postgraduate qualification in dentistry registerable with the General Dental Council as an additional diploma by virtue of regulations made under section 19(1)(c) of the Dentists Act 1984(66) (regulations with respect to the register),

such period of employment, which may be less than, but will not exceed that in sub-paragraph (a) or an equivalent period of part-time employment, as HEIW may determine that the dental practitioner must complete in order to have satisfactorily completed foundation training.

Dental performers list

1. —(1) A dental practitioner may not perform primary dental services unless that dental practitioner is included in a dental performers list.

(2) Paragraph (1) does not apply to a dental practitioner, who is undertaking foundation training, during the first 3 months of that training.

Contents of a dental performers list

1. In respect of any dental practitioner included in a dental performers list, the list must include—

(a) the dental practitioner’s full name,

(b) the dental practitioner’s professional registration number,

(c) the date of the dental practitioner’s first registration in the dentists register,

(d) confirmation of whether the dental practitioner is undertaking foundation training,

(e) confirmation of whether the dental practitioner is a contractor under a general dental services contract,

(f) confirmation of whether the dental practitioner provides primary dental services in accordance with section 64 arrangements; and

(g) the date that the dental practitioner was first included in one of the following lists—

(i) a dental performers list,

(ii) a previous dental performers list, or

(iii) a dental list or dental supplementary list,

specifying which list.

Application for inclusion in a dental performers list

1. —(1) In addition to satisfying the requirements of regulation 4, an application by a dental practitioner for inclusion in a dental performers list must satisfy the requirements of this regulation.

(2) The dental practitioner must, subject to paragraph (4), provide—

(a) details of the dental practitioner’s dental qualifications, details of where they were obtained and evidence of them,

(b) unless the dental practitioner is undertaking foundation training, or is exempt under regulation 39(4) from the requirement to undertake foundation training, evidence that the dental practitioner has satisfactorily completed such training,

(c) a declaration that the dental practitioner is included in the dentists register,

(d) the dental practitioner’s professional registration number and date of first registration,

(e) if the dental practitioner is undertaking foundation training, the name and practice address of the dental practitioner’s approved trainer,

(f) confirmation of whether the dental practitioner is a contractor under a general dental services contract or provides primary dental services in accordance with section 64 arrangements, and

(g) confirmation of whether the dental practitioner is a contractor under a general dental services contract or provides primary dental services in accordance with section 64 arrangements for more than one scheme and, if so, which schemes and which of those schemes is the relevant scheme.

(3) The dental practitioner must give the following undertakings—

(a) if the dental practitioner is undertaking foundation training—

(i) not to perform any primary dental services except when acting in accordance with the terms of the contract of employment for service with Velindre University NHS Trust and for and under the direction of his or her approved trainer,

(ii) to withdraw from a dental performers list if the dental practitioner fails to complete that training satisfactorily, and

(iii) upon satisfactory completion of the dental practitioner’s foundation training, to provide the Local Health Board with satisfactory evidence of that fact,

(b) if the dental practitioner is a contractor under a general dental services contract, to comply with the requirements of paragraph 79 of Schedule 3 to the National Health Service (General Dental Services Contracts and Patient Charges) (Wales) Regulations 2026(67) (gifts) or if the dental practitioner provides primary dental services in accordance with section 64 arrangements, to comply with the requirements of paragraph 81 of Schedule 3 to the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006(68) (gifts),

(c) if the dental practitioner is not a contractor, to comply with the requirements referred to in sub-paragraph (b) as though the dental practitioner were such a contractor, and

(d) not to perform any primary dental services in the area of another Local Health Board from whose dental performers list, dental list, or equivalent list the dental practitioner has been removed, except where that removal was at the dental practitioner’s request or in accordance with regulation 16(5) of these Regulations or regulation 8(3) of the National Health Service (General Dental Services) Regulations 1992(69), without the consent, in writing, of that Local Health Board.

(4) This regulation applies to an application made by a returning practitioner as if paragraph (2)(a) and (c) were omitted.

Application for inclusion in a dental performers list by a dental practitioner already listed in a dental performers list or an equivalent performers list

1. —(1) In addition to providing the information required by regulation 5(2), the dental practitioner must, when making an application for inclusion of the dental practitioner’s name in a dental performers list whilst that dental practitioner is included in a dental performers list or an equivalent performers list, give the information required by paragraph (1)(b), (c), (d), (e), (f) and (g) of regulation 37.

(2) The dental practitioner must provide the information as required by paragraph (2)(a) of regulation 37 unless paragraph (5) applies, in which case the dental practitioner may instead give their consent under that paragraph.

(3) In addition to the undertakings required by regulation 5(3), the dental practitioner must give the further undertakings as required by paragraph (3) of regulation 37.

(4) A dental practitioner may not withdraw an application made under this regulation whilst a Local Health Board is deciding that application.

(5) Where the dental practitioner is already listed in the performers list of a Local Health Board, instead of providing the information required by paragraph (2), the dental practitioner may consent to the release of that information by the Local Health Board the dental practitioner is listed with to the Local Health Board to which the application is being made under this regulation.

Additional grounds for refusal

1. —(1) In addition to the grounds in regulation 8(2), a Local Health Board may refuse to include a dental practitioner in its dental performers list if—

(a) the dental practitioner’s registration in the dentists register is subject to conditions by virtue of a direction of a Practice Committee under section 27B (Practice Committees), 27C (resumed hearings) or 28 (restoration to register) of the Dentists Act 1984(70),

(b) the dental practitioner is subject to an order for immediate conditional registration made by a Practice Committee under section 30 of the Dentists Act 1984(71) (orders for immediate suspension and immediate conditional registration), or

(c) the dental practitioner is subject to an order for interim conditional registration made by a Practice Committee, Interim Orders Committee or the court under section 32 of the Dentists Act 1984(72) (interim orders).

(2) In addition to the grounds in regulation 8(4), a Local Health Board must refuse to include a dental practitioner in a dental performers list if—

(a) the dental practitioner is a contractor and the relevant scheme is not one that lies within its area,

(b) the dental practitioner is included in the dental performers list of another Local Health Board, unless he or she has given notice to the Local Health Board that he or she wishes to withdraw from that list, or

(c) the dental practitioner is not undertaking foundation training and has neither satisfactorily completed foundation training nor is exempt under paragraph (4) from the requirement to undertake foundation training.

(3) For the purposes of regulation 8(2)(e), the date prescribed in this Part is 3 March 2003 or, if the dental practitioner concerned had been included in a dental list, 26 August 2002.

(4) A dental practitioner is exempt from the requirement to undertake foundation training—

(a) if the dental practitioner is judged, through an assessment by a Local Health Board, to have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training, or

(b) for a period during which the dental practitioner participates in an induction programme in accordance with paragraphs (5) to (7).

(5) For the purposes of paragraph (4)(b), where the dental practitioner is judged, through an assessment by a Local Health Board, to have the knowledge and experience necessary to perform primary dental services to a standard that does not prejudice the efficiency of those services, a Local Health Board may specify the requirements for an induction programme which the dental practitioner must participate in.

(6) The specified requirements of an induction programme must have the aim that, after completing the programme, the dental practitioner is able to satisfy the Local Health Board that they have knowledge and experience equivalent to that of a dental practitioner who has satisfactorily completed foundation training.

(7) Where a Local Health Board specifies the requirements for an induction programme, it must specify a period of no more than 2 years during which the dental practitioner must participate in the induction programme.

(8) Regulations 36 (contents of a dental performers list), 37 (application for inclusion in a dental performers list) and 40(1)(b) (grounds for removal from a dental performers list) apply to a dental practitioner participating in an induction programme as if they were a dental practitioner undertaking foundation training.

Grounds for removal from a dental performers list

1. —(1) In addition to the grounds in regulation 16(1), the Local Health Board must remove a dental practitioner from its dental performers list where it becomes aware that—

(a) the dental practitioner’s registration in the dentists register has been suspended under section 27B(6)(b), or 27C(2)(d) or (3) of the Dentists Act 1984(73),

(b) the dental practitioner—

(i) is not exempt under regulation 39(4) from the requirement to undertake foundation training,

(ii) has failed to complete foundation training satisfactorily, and

(iii) has not withdrawn from a dental performers list under regulation 37(3)(a)(ii), or

(c) the dental practitioner is included in the dental performers list of another Local Heath Board.

(2) Paragraph (1)(a) does not apply where a direction that a dental practitioner’s registration in the dentists register be suspended is made in a health case.

(3) For the purposes of regulation 16(3)(a), the prescribed date in this Part is 26 August 2002.

(4) In calculating the period of 12 months under regulation 16(7), the Local Health Board must disregard any period during which the dental practitioner’s registration in the dentists register is suspended.

(5) In this regulation, “ health case ” means a fitness to practise case in which an allegation is made that a dental practitioner’s fitness to practise is impaired by reason of adverse physical or mental health.

Part 5 Miscellaneous and supplementary

Revocation

1. The 2004 Regulations are revoked subject to the savings provisions in regulation 42(5)(f) and (6).

Transitional and savings provisions

1. —(1) Each practitioner who was included immediately before the commencement date in a previous performers list is, with effect from that date, and subject to the provisions of these Regulations, included in the corresponding list under these Regulations, together with all the information relating to that person which was contained in the previous performers list.

(2) Where, immediately before the commencement date, a practitioner’s inclusion in a previous performers list was subject to conditions imposed under the 2004 Regulations, the practitioner’s inclusion in the relevant performers list under paragraph (1) continues to be subject to those conditions from the commencement date as if they had been imposed under these Regulations on the same terms and for the same duration.

(3) Where, immediately before the commencement date, the inclusion of a practitioner in a previous performers list was suspended under the 2004 Regulations, the inclusion of that practitioner in the relevant performers list under paragraph (1) continues to be suspended from the commencement date on the same terms and for the same duration as if the practitioner had been suspended under these Regulations.

(4) Where, immediately before the commencement date, the inclusion of a practitioner in a previous performers list was suspended under the 2004 Regulations, regulation 15 applies to the suspension as if it had been made under these Regulations, subject to the following exceptions—

(a) the requirement in regulation 15(1) to make the application before the end of the period of 90 days beginning with the date on which a decision was made to suspend the practitioner under regulation 14 does not apply, and

(b) regulation 15(5) does not apply.

(5) An application for inclusion in a previous performers list made before the commencement date but not yet determined before that date is treated as if made under these Regulations subject to the following—

(a) the requirement to provide appraisal information at regulation 4(2)(f) does not apply;

(b) the requirement for a practitioner to confirm whether they have been included in a list at regulation 4(2)(h) does not apply;

(c) the requirement to provide details of any suspension at regulation 4(2)(j)(iv) does not apply;

(d) the requirement at regulation 4(2)(m)(i) for an enhanced criminal record certificate to be dated within 6 months immediately preceding the date upon which the practitioner makes the application does not apply;

(e) the requirement to declare involvement at an inquest at regulation 4(5)(i) does not apply;

(f) regulations 34(2)(c) and, 37(2)(b) apply as if the references in those provisions to regulation 39(4) were references to regulation 31(5) of the 2004 Regulations(74) (exemption from the requirement to undertake foundation training) and regulation 31(5) of the 2004 Regulations is saved for this purpose.

(6) Regulations 34(2)(c), 39(2)(c) and 40(1)(b)(i) of these Regulations apply as if the reference in those provisions to regulation 39(4) of these Regulations were a reference to regulation 31(5) of the 2004 Regulations (exemption from the requirement to undertake foundation training) and regulation 31(5) of the 2004 Regulations is saved for this purpose in the following cases—

(a) where a dental practitioner is included in a performers list by virtue of paragraph (1), and

(b) where a dental practitioner made an application for inclusion in a previous dental performers list before the commencement date but the application has not been determined before that date.

(7) A practitioner who was removed from a previous performers list before the commencement date on the grounds that the practitioner had been convicted of a criminal offence, and that conviction is overturned on appeal, and who has not been restored to that list before the commencement date, may be included in the relevant performers list after the commencement date if the conditions in regulation 7 are met.

(8) Any appeal or review which arose under the 2004 Regulations and which has not concluded at the commencement date is to be treated as if it had arisen under these Regulations.

(9) For the purposes of regulations 18 and 19, a decision made by a Local Health Board under the 2004 Regulations is treated as a decision made under the corresponding provisions of these Regulations.

(10) Any other case to which the 2004 Regulations applied immediately before the commencement date, and which has not been concluded before the commencement date, is to be treated as if it had arisen under these Regulations.

(11) In this regulation, “ commencement date ” means the date on which these Regulations come into force.

Consequential amendments

1. Schedule 2 makes consequential amendments relating to these Regulations.

Jeremy Miles

Cabinet Secretary for Health and Social Care, one of the Welsh Ministers

3 March 2026

Regulation 25

Schedule 1 Emergency registered practitioners

Disapplication of provisions with regard to emergency registered practitioners

1. —(1) Regulations 8, 29 and 31 do not apply to applications made during a period of emergency for inclusion of an emergency registered practitioner in a medical performers list.

(2) Regulation 32 does not apply in respect of the removal of an emergency registered practitioner from a medical performers list.

Modification of regulation 4: applications relating to emergency registered practitioners

1. —(1) Regulation 4 applies in respect of an application made during a period of emergency for inclusion of an emergency registered practitioner in a medical performers list as if the following were omitted—

(a) paragraph (2)(e), (i) and (m),

(b) paragraph (3)(d), (e) and (f), and

(c) paragraphs (4) and (5).

(2) In addition to the information required by regulation 4, as modified by sub-paragraph (1) of this paragraph, the following must be supplied with an application referred to in that sub-paragraph—

(a) details of the dates when the medical practitioner was previously included in a medical performers list or an equivalent list,

(b) the medical practitioner’s professional registration number, and

(c) an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) which is dated within 6 months immediately preceding the date upon which the practitioner makes the application under this regulation, and includes suitability information relating to children and suitability information relating to vulnerable adults under sections 113BA (suitability information relating to children) and 113BB (suitability information relating to vulnerable adults) of that Act respectively or, if none is supplied with the application, an undertaking—

(i) if it has not already been applied for, to apply for such a certificate within 7 days, and

(ii) to provide that certificate to the Local Health Board within 7 days of receiving it.

(3) The Local Health Board must refuse to include a medical practitioner in a medical performers list pursuant to an application referred to in sub-paragraph (1) if the medical practitioner is not an emergency registered practitioner.

Modification of regulation 6: consideration of applications

1. Regulation 6 applies in respect of an application made during a period of emergency for inclusion of an emergency registered practitioner in the medical performers list as if paragraphs (2) to (4) were omitted.

Modification of regulation 16: removal of emergency registered practitioners

1. —(1) The grounds in regulation 16 for the removal by a Local Health Board of a practitioner from its performers list apply in respect of the removal of an emergency registered practitioner from its medical performers list as if the following were omitted—

(a) paragraph (2), and

(b) paragraphs (5) to (11).

(2) In addition to the grounds specified in regulation 16(1), the Local Health Board must remove an emergency registered practitioner from the medical performers list where the emergency registered practitioner—

(a) has not, on request, provided evidence to the Local Health Board that the certificate referred to in paragraph 2(2)(c) has been applied for (despite the undertaking to apply for the certificate), or

(b) has not provided that certificate to the Local Health Board (despite the undertaking to provide it)

within the period specified in paragraph 2(2)(c).

(3) The Local Health Board may remove an emergency registered practitioner from the medical performers list where it considers such removal to be justified, after having checked—

(a) as far as reasonably practicable, the information provided with the application, in particular any information provided under regulation 4(5) or (7),

(b) with the NHS Counter Fraud Authority for relevant information relating to past or current fraud investigations involving or relating to the emergency registered practitioner and having considered these and any other facts in its possession relating to fraud involving or relating to the emergency registered practitioner, or

(c) with the Welsh Ministers for any relevant information relating to past or current investigations or proceedings involving or relating to the emergency registered practitioner and having considered any other facts in its possession involving or related to the emergency registered practitioner.

(4) The NHS Counter Fraud Authority or the Welsh Ministers must, in response to a request from the Local Health Board, supply to the Local Health Board any information the NHS Counter Fraud Authority or the Welsh Minsters consider relevant for the purposes of sub-paragraph (3)(b) or, as the case may be, (3)(c).

Regulation 43

Schedule 2 Consequential amendments

National Health Service Pension Scheme Regulations 1995

1. In regulation A2 (interpretation) of the National Health Service Pension Scheme Regulations 1995(75) in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service (Injury Benefits) Regulations 1995

1. In regulation 2(1) (interpretation) of the National Health Service (Injury Benefits) Regulations 1995(76) in the definition of “medical performers list”, in paragraph (b), for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

Functions of Local Health Boards and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (Wales) Regulations 2006

1. In the table in the Schedule to the Functions of Local Health Boards and the NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Primary Dental Services) (Wales) Regulations 2006(77), Column 1 is amended as follows—

(a) for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”, and

(b) for the words “regulation 13(17) (suspension)” substitute “regulation 15(2) (suspension)”.

National Health Service Pension Scheme Regulations 2008

1. In regulation 2.A.1(1) (interpretation: general) of the National Health Service Pension Scheme Regulations 2008(78) in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008

1. In rule 20(1A) (the application notice) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008(79), omit sub-paragraph (d).

Medical Profession (Responsible Officers) Regulations 2010

1. In regulation 10(1)(b)(ii) (connection between designated bodies and medical practitioners) of the Medical Profession (Responsible Officers) Regulations 2010(80), for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service Pension Scheme Regulations 2015

1. In Schedule 15 (definitions) of the National Health Service Pension Scheme Regulations 2015(81), in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

Registration of Private Dentistry (Wales) Regulations 2017

1. In regulation 3 of the Registration of Private Dentistry (Wales) Regulations 2017(82), in the definition of “dental performers list” for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service (Pharmaceutical Services) (Wales) Regulations 2020

1. In regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020(83), in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

National Health Service (General Medical Services Contracts) (Wales) Regulations 2023

1. —(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023(84) are amended as follows.

(2) In regulation 3(1) (interpretation), in the definition of “medical performers list”, for “National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “National Health Service (Performers Lists) (Wales) Regulations 2026”.

(3) In Schedule 3—

(a) in paragraph 61—

(i) in sub-paragraph (3)(d)—

(aa) for “the medical performers list of another primary care organisation” substitute “a medical performers list or an equivalent performers list”, and

(bb) for “regulation 4A of the National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “regulation 5 of the National Health Service (Performers Lists) (Wales) Regulations 2026”, and

(ii) after sub-paragraph (3) insert—

“ (4) In this paragraph “ equivalent performers list ” has the meaning given in regulation 2 of the National Health Service (Performers Lists) (Wales) Regulations 2026. ”, and

(b) in paragraph 65—

(i) in sub-paragraph (4)—

(aa) for “the medical performers list of another primary care organisation” substitute “a medical performers list or an equivalent performers list”, and

(bb) for “regulation 4A of the National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “regulation 5 of the National Health Service (Performers Lists) (Wales) Regulations 2026”, and

(ii) in sub-paragraph (5)—

(aa) for ““primary care organisation” has the meaning” substitute ““equivalent performers list” and “primary care organisation” have the meanings”, and

(bb) for “regulation 2 of the National Health Service (Performers Lists) (Wales) Regulations 2004” substitute “regulation 2 of the National Health Service (Performers Lists) (Wales) Regulations 2026”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and replace the National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) (the “ 2004 Regulations ”).

The Regulations provide for lists of persons performing primary medical services and primary dental services to be kept by Local Health Boards in accordance with sections 49, 63, 115(9) and 203(9) and (10) of the National Health Service (Wales) Act 2006 (c. 42).

Part 1 (regulations 1 and 2) contains general provisions and provides some definitions for the Regulations.

Part 2 (regulations 3 to 25) contains general provisions relating to performers lists.

The Regulations require a Local Health Board to prepare, maintain, publish and make available for public inspection, a medical performers list and a dental performers list. They set out how a practitioner can apply for inclusion in a performers list and how applications are to be considered and determined by Local Health Boards.

The Regulations set out requirements with which a practitioner listed in a performers list must comply, and for a practitioner’s inclusion in a performers list to be subject to conditions in certain prescribed circumstances. They set out when a Local Health Board may or must suspend or remove a practitioner from its performers list. They set out arrangements for the review and appeal of a Local Health Board’s decision under the Regulations.

The Regulations make provision for withdrawal from performers lists, for the disclosure of information by a Local Health Board to specified persons, and for a Local Health Board to notify specified persons of certain decisions and events.

In addition, there is provision for the inclusion of emergency registered practitioners in performers lists.

Part 3 (regulations 26 to 32) contains further provisions about medical performers.

The Regulations require, subject to specified exceptions, that a medical practitioner must be a general medical practitioner and must be included in a medical performers list to perform primary medical services.

There is provision for supplementary information to be provided in an application for inclusion in a medical performers list. There are additional grounds for refusal of an application and for removal from a medical performers list. Part 4 (regulations 33 to 40) contains further provisions about dental performers lists.

The Regulations require, subject to a specified exception, that dental practitioners must be included in a dental performers list to provide primary dental services.

There is provision for supplementary information to be provided in an application for inclusion in a dental performers list.

There are additional grounds for the refusal of an application and for removal from a dental performers list

Part 5 (regulations 41 to 43) revokes the 2004 Regulations and makes transitional, savings and consequential provisions.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at www.gov.wales.

(1) 2006 c. 42.

(2) 1983 c. 54.

(3) S.I. 2004/1020 (W. 117), as amended by S.I. 2005/258 (W. 24), S.I. 2006/358 (W. 46), S.I. 2006/945 (W. 94), S.I. 2008/1425 (W. 147), S.I. 2010/22, S.I. 2013/235, S.I. 2016/101 (W. 49), S.I. 2023/953 (W. 155) and S.I. 2023/1421 (W. 115).

(4) 2006 c. 52.

(5) Section 34L was inserted by S.I. 2010/234 and amended by S.I. 2019/593.

(6) S.I. 1992/661. These Regulations have been revoked in relation to Wales by S.I. 2006/946 (W. 95), article 45, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists. By virtue of regulation 2(1A) of S.I. 1992/661, the reference to “FHSA” at regulation 4(1) of S.I. 1992/661 has effect, in relation to Wales, as a reference to a Local Health Board.

(7) 1984 c. 24. Section 14(1) was substituted by S.I. 2005/2011, articles 2(1) and 6, and amended by S.I. 2007/3101, regulations 109 and 111, and by S.I. 2019/593, regulation 4(1) and paragraphs 2, and 4(a) and (c) of Schedule 3.

(8) 2012 c. 9.

(9) Section 18A was inserted by S.I. 2008/1774, article 2(1), Schedule 1, paragraph 10.

(10) Section 35C(2) was amended by S.I. 2014/1101, Part 3, article 6(2).

(11) 2007 c. 15.

(12) Section 34C was inserted by S.I. 2010/234.

(13) Section 34I was inserted by S.I. 2010/234.

(14) Section 115(1) was amended by S.I. 2010/22, Schedule 2, paragraph 139(a).

(15) S.I. 1992/635. These Regulations have been revoked in relation to Wales by S.I. 2004/1016 (W. 113), article 96, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

(16) Section 115 was amended by the Health and Social Care Act 2012 (c. 7), paragraph 31(2) of Schedule 2, the Health and Care Act 2022 (c. 31), paragraph 1 of Schedule 1 and S.I. 2010/22.

(17) S.I. 2005/2414, amended by S.I. 2006/632, S.I. 2007/1201, S.I. 2013/235, S.I. 2015/1862, S.I. 2017/959, S.I. 2018/378, S.I. 2019/776 and S.I. 2023/1071.

(18) S.I. 2017/958, amended by the Health and Care Act 2022 (c. 31), section 86(2)(a) and (b), S.I. 2018/378, S.I. 2024/418, and S.I. 2024/1205.

(19) S.I. 1995/2800, amended by S.I. 2005/1445, S.I. 2013/295, S.I. 2014/3090, S.I. 2017/150, S.I. 2022/634, S.I. 2023/98, S.I. 2023/1071 and S.I. 2023/368.

(20) 2004 c. 36, to which there are amendments not relevant to these Regulations.

(21) S.I. 2004/1020 (W. 117). Regulation 3(1) was amended by S.I. 2006/945 (W. 94).

(22) Part 5 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraphs 12, 28 and 29(1), (2) and (3) of Schedule 21, the Crime and Courts Act 2013 (c. 22), section 17(5) and paragraph 52(1)(b) and (2) of Schedule 9, the Health and Care Act 2022 (c. 31), section 22, paragraph 56(1), (2) and (3) of Schedule 3 and paragraphs 12 and 29(1) and (2) of Schedule 21. Section 64 of Part 5 of the 2006 Act was modified, in relation to former functions of Health Authorities ceasing to be exercisable by Local Health Boards, by the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 4 and paragraph 15(b) of Schedule 2.

(23) Part 4 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraphs 12, 26 and 27(1), (2) and (3) of Schedule 21 and S.I. 2019/777, regulation 4(1) and (2) and the Crime and Courts Act 2013 (c. 22), section 17(5) and paragraph 52(1)(b) and (2) of Schedule 9 and the Health and Care Act 2022 (c. 31), section 22, paragraph 55(1), (2) and (3) of Schedule 3. Section 50 of Part 4 of the 2006 Act was modified, in relation to former functions of Health Authorities ceasing to be exercisable by Local Health Boards, by the National Health Service (Consequential Provisions) Act 2006 (c. 43), section 4 and paragraph 15(a) of Schedule 2.

(24) Section 2(2) was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2008/1774 and S.I. 2019/593.

(25) 2002 (c. 17). Section 25(3) was amended by the Health and Social Care Act 2008 (c. 14), section 127 and paragraph 17 of Schedule 10, the Health and Social Care Act 2012 (c. 7), section 230 and paragraph 56(b) of Schedule 15(2), the Children and Social Work Act 2017 (c. 16), section 56 and paragraph 2(2) of Schedule 4, and S.I. 2010/231.

(26) S.I. 2003/2644. These Regulations were revoked by S.I. 2004/585, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

(27) Section 22 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraph 18 of Schedule 21. Section 206 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraph 38(1)(b) of Schedule 21; there are other amending instruments but none are relevant to these Regulations.

(28) S.I. 2002/1882 (W. 191). These Regulations were revoked by S.I. 2004/1020 (W. 117), Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

(29) 1997 c. 50. Section 113B was inserted by the Serious Organised Crime and Police Act 2005 (c. 15), Part 5, section 163(2) and amended by the Armed Forces Act 2006 (c. 52), section 378(1) and Schedule 16, paragraph 149, the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63(1), and Schedule 9, paragraph 14(1) and (3), the Policing and Crime Act 2009 (c. 26), sections 97(2) and 112(2) and Schedule 8, Part 8, the Protection of Freedoms Act 2012 (c. 9), sections 79(2)(b), 80(1), 82(1), (2) and (3), 115(1) and (2), Schedule 9, Part 6, paragraphs 35, 37, Schedule 10, Part 6, the Crime and Courts Act 2013 (c. 22), section 15(3) and Schedule 8, paragraphs 55 and 60, the Armed Forces Act 2021 (c. 35), section 12(5) and Schedule 5, paragraphs 6 and 10, S.I. 2009/203, S.I. 2010/1146, S.I. 2012/3006 and S.I. 2015/423.

(30) Sections 113BA and 113BB were inserted by the Safeguarding Vulnerable Groups Act 2006 (c. 47), section 63(1) and Schedule 9(2), paragraph 14(1) and (4). Section 113BA was amended by the Education and Inspections Act 2006 (c. 40), section 170(2), the Education and Skills Act 2008 (c. 25), section 169, Schedule 1, paragraph 12, and the Protection of Freedoms Act 2012 (c. 9), section 115(1) and (2), Schedule 9, paragraphs 35 and 38 and Schedule 10, Part 5. Section 113BB was amended by the Protection of Freedoms Act 2012 (c. 9), section 115(1) and (2), Schedule 9, paragraphs 35 and 39 and Schedule 10, Part 5.

(31) 1995 c. 46. Section 302 was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 50(1) and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 70(3).

(32) Section 302A was amended by the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6), section 50(2) and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 70(4).

(33) 1992 c. 5. Section 115A was amended by the Social Security Administration (Fraud) Act 1997 (c. 47), section 15, the Social Security Fraud Act 2001 (c. 11), section 14, the Welfare Reform Act 2012 (c. 5), sections 105, 113, 114, 115 and paragraph 1 of Schedule 14(1) and S.I. 2015/202.

(34) Section 246 was amended by the Crime and Punishment (Scotland) Act 1997 (c. 48), paragraph 21(31) of Schedule 1 and the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), paragraph 26 of Schedule 2(1).

(35) 2009 c. 25.

(36) S.I. 1975/1023. Article 2A was inserted by S.I. 2013/1198, articles 2 and 4.

(37) 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.

(38) 2003 c. 42.

(39) S.I. 2004/1020 (W. 117). Schedule 1 was revoked by S.I. 2006/945 (W. 94).

(40) S.I. 2006/945 (W. 94).

(41) Section 41A was amended by S.I. 2000/1803, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2015/794.

(42) Section 32 was substituted by S.I. 2005/201 and amended by S.I. 2016/496.

(43) 1984 c. 22.

(44) 1952 c. 52, amended by the Sex Discrimination Act 1975 (c. 65), section 18(2), the Offender Management Act 2007 c. 21, section 39 and paragraph 1 of Schedule 5 and S.I. 1963/597.

(45) Section 115 was amended by the Health and Social Care Act 2012 (c. 7), section 297 and paragraph 31 of Schedule 21, the Health and Care Act 2022 (c. 31), section 1 and paragraph 1 of Schedule 1, and S.I. 2010/22.

(46) Paragraph 19G of Schedule 1 was inserted by S.I. 2015/794 and amended by S.I. 2024/374.

(47) Section 15 was substituted by S.I. 2006/1914. Section 15A was inserted by S.I. 2000/3041, and amended by S.I. 2006/1914, S.I. 2007/3101, S.I. 2011/1043 and S.I. 2019/593. Section 21 was substituted by S.I. 2006/1914 and amended by S.I. 2019/593.

(48) Section 34I(1)(a) was inserted by S.I. 2010/234.

(49) S.I. 2010/473.

(50) S.I. 2023/953 (W. 155).

(51) S.I. 1992/635. These Regulations have been revoked in relation to Wales by S.I. 2004/1016 (W. 113), article 96, Schedule 2. Reference to the revoked Regulations is retained to capture information about historic lists.

(52) Section 41A was added by S.I. 2000/1803 and amended by S.I. 2006/1914 and S.I. 2015/794.

(53) Section 35D was added by S.I. 2002/3135 and amended by S.I. 2014/1101 and S.I. 2015/794.

(54) Schedule 4 was substituted by S.I. 2002/3135. Paragraph 5A(3D) was substituted by S.I. 2015/794. Paragraph 5C was substituted by S.I. 2014/1101. Paragraph 5C(4) was amended by S.I. 2015/794, article 11.

(55) Section 35D was substituted by S.I. 2002/3135 and amended by S.I. 2014/1101. Section 38(1) was substituted by S.I. 2002/3135 and amended by S.I. 2015/794. Paragraph 5A(3D) was substituted by S.I. 2015/794.

(56) Section 41A(1)(a) was amended by S.I. 2000/1803, S.I. 2002/3135 and S.I. 2015/794.

(57) Relevant amending instruments to the 1983 Act are S.I. 2002/3135, S.I. 2014/1101, and S.I. 2015/794.

(58) 2006 c. 41. Section 3 was amended by the Health and Care Act 2022 (c. 31), section 21.

(59) 1978 c. 29. Section 39(2) was amended by the Health and Medicines Act 1988 (c. 49), section 10(2)(b).

(60) S.I. 1972/1265 (N.I. 14).

(61) S.I. 2017/913 (W. 224).

(62) S.I. 2012/1261 (W. 156); relevant amending instruments are S.I. 2013/235, S.I. 2015/137, S.I. 2016/481, S.I. 2021/237 (W. 60) and S.I. 2024/1205.

(63) 1997 c. 46. Part I was repealed in relation to Wales so far as relating to dental services by the Health and Social Care (Community Health and Standards) Act 2003 (c. 43), sections 178 and 196 and Schedule 14, Part 4. Reference to the repealed legislation is retained to capture personal dental services performed prior to 2006.

(64) Section 2(3) was amended by S.I. 2005/2011.

(65) S.I. 1993/2838. Article 2 was substituted by S.I. 2018/887 (W. 176), article 3.

(66) Relevant amending instruments are S.I. 2007/3101 and S.I. 2019/593.

(67) W.S.I. 2026/37.

(68) S.I. 2006/489 (W. 58).

(69) S.I. 1992/661. These Regulations have been revoked in relation to Wales by S.I. 2006/946 (W. 95). Reference to the revoked Regulations is retained to capture information about historic lists.

(70) Sections 27B, 27C and 28 were substituted by S.I. 2005/2011, article 18.

(71) Section 30 was substituted by S.I. 2005/2011.

(72) Section 32 was substituted by S.I. 2005/2011 and amended by S.I. 2016/496.

(73) 1984 c. 24. Sections 27 and 28 were substituted for sections 27, 27A, 27B, 27C and 28 by S.I. 2005/2011.

(74) S.I. 2004/1020 (W. 117). Regulation 31 was inserted by S.I. 2006/945 (W. 94), and amended by S.I. 2016/101 (W. 49) and S.I. 2022/106 (W. 37).

(75) S.I. 1995/300.

(76) S.I. 1995/866.

(77) S.I. 2006/941.

(78) S.I. 2008/653.

(79) S.I. 2008/2699.

(80) S.I. 2010/2841.

(81) S.I. 2015/94.

(82) S.I. 2017/201.

(83) S.I. 2020/1073.

(84) S.I. 2023/953.

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