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

Type Welsh-Statutory-Instrument

Publication 2026-03-03

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(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,

(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

16

(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”),

(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 1984⁴³,

(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 1952⁴⁴, 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

(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

17

(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

(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,

(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

(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,

(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

18

(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

(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

(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

(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),

(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

19

(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

20

Where the First-tier Tribunal imposes a national disqualification from a performers list on a practitioner under section 115 of the 2006 Act⁴⁵—

(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

21

(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,

(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,

(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,

(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

22

(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

23

(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,

(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

24

(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,

(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

25

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

26

(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 Act⁴⁶;

“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

27

(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 Act⁴⁷, 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 Act⁴⁸.

Contents of a medical performers list

28

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

29

(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;

(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 2010⁴⁹ (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 2023⁵⁰ (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 1992⁵¹, 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

(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

30

(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

31

(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 Act⁵² (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 Act⁵³ (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 Act⁵⁴ (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

32

(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 Act⁵⁵, 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 Act⁵⁶,

(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 Act⁵⁷.

Part 4 — Dental Performers Lists

Interpretation

33

In this Part—

“approved trainer” (“hyfforddwr cymeradwy”) means a dental practitioner— who is included in a dental performers list, and 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— section 3(1)(c) of the 2006 Act; in England, section 3(1)(d) of the National Health Service Act 2006⁵⁸; in Scotland, sections 1 and 39(2) of the National Health Service (Scotland) Act 1978⁵⁹; in Northern Ireland, articles 5(1)(c) and 9(1A) of the Health and Personal Social Services (Northern Ireland) Order 1972⁶⁰;

“contractor” (“contractwr”) means— a person within the meaning of “contractor” in section 57(4) of the 2006 Act, or 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 2017⁶¹;

“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 2012⁶²;

“personal dental services” (“gwasanaethau deintyddol personol”) means personal dental services provided under Part 1 of the National Health Service (Primary Care) Act 1997⁶³ (pilot schemes for primary care);

“Practice Committee” (“Pwyllgor Ymarfer”) has the meaning given in section 2(3) of the Dentists Act 1984⁶⁴ (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— under a general dental services contract within the meaning of section 57(2) of the 2006 Act (general dental services contracts), or 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 1993⁶⁵.

Interpretation: foundation training

34

(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 1984⁶⁶ (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

35

(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

36

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,

(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

37

(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,

(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 2026⁶⁷ (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 2006⁶⁸ (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 1992⁶⁹, 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

38

(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

39

(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 1984⁷⁰,

(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 1984⁷¹ (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 1984⁷² (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

40

(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 1984⁷³,

(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

(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

41

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

Transitional and savings provisions

42

(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;

(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 Regulations⁷⁴ (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

43

Schedule 2 makes consequential amendments relating to these Regulations.

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.

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