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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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Modification of regulation 4: applications relating to emergency registered practitioners

2

(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

(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

3

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

4

(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).

Schedule 2 — Consequential amendments

National Health Service Pension Scheme Regulations 1995

1

In regulation A2 (interpretation) of the National Health Service Pension Scheme Regulations 1995⁷⁵ 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

2

In regulation 2(1) (interpretation) of the National Health Service (Injury Benefits) Regulations 1995⁷⁶ 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

3

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 2006⁷⁷, 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

4

In regulation 2.A.1(1) (interpretation: general) of the National Health Service Pension Scheme Regulations 2008⁷⁸ 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”.

5

In rule 20(1A) (the application notice) of the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008⁷⁹, omit sub-paragraph (d).

Medical Profession (Responsible Officers) Regulations 2010

6

In regulation 10(1)(b)(ii) (connection between designated bodies and medical practitioners) of the Medical Profession (Responsible Officers) Regulations 2010⁸⁰, 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

7

In Schedule 15 (definitions) of the National Health Service Pension Scheme Regulations 2015⁸¹, 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

8

In regulation 3 of the Registration of Private Dentistry (Wales) Regulations 2017⁸², 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

9

In regulation 2(1) (interpretation) of the National Health Service (Pharmaceutical Services) (Wales) Regulations 2020⁸³, 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

10

(1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2023⁸⁴ 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”.

Signed

Jeremy Miles — Cabinet Secretary for Health and Social Care, one of the Welsh Ministers — 3 March 2026

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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.

Footnotes

2006 c. 42.

1983 c. 54.

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).

2006 c. 52.

Section 34L was inserted by S.I. 2010/234 and amended by S.I. 2019/593.

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.

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.

2012 c. 9.

Section 18A was inserted by S.I. 2008/1774, article 2(1), Schedule 1, paragraph 10.

Section 35C(2) was amended by S.I. 2014/1101, Part 3, article 6(2).

2007 c. 15.

Section 34C was inserted by S.I. 2010/234.

Section 34I was inserted by S.I. 2010/234.

Section 115(1) was amended by S.I. 2010/22, Schedule 2, paragraph 139(a).

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.

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.

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.

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.

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.

2004 c. 36, to which there are amendments not relevant to these Regulations.

S.I. 2004/1020 (W. 117). Regulation 3(1) was amended by S.I. 2006/945 (W. 94).

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.

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.

Section 2(2) was amended by S.I. 2002/3135, S.I. 2006/1914, S.I. 2008/1774 and S.I. 2019/593.

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.

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.

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.

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.

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.

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.

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).

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).

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.

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).

2009 c. 25.

S.I. 1975/1023. Article 2A was inserted by S.I. 2013/1198, articles 2 and 4.

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.

2003 c. 42.

S.I. 2004/1020 (W. 117). Schedule 1 was revoked by S.I. 2006/945 (W. 94).

S.I. 2006/945 (W. 94).

Section 41A was amended by S.I. 2000/1803, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2015/794.

Section 32 was substituted by S.I. 2005/201 and amended by S.I. 2016/496.

1984 c. 22.

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.

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.

Paragraph 19G of Schedule 1 was inserted by S.I. 2015/794 and amended by S.I. 2024/374.

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.

Section 34I(1)(a) was inserted by S.I. 2010/234.

S.I. 2010/473.

S.I. 2023/953 (W. 155).

Section 41A was added by S.I. 2000/1803 and amended by S.I. 2006/1914 and S.I. 2015/794.

Section 35D was added by S.I. 2002/3135 and amended by S.I. 2014/1101 and S.I. 2015/794.

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.

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.

Section 41A(1)(a) was amended by S.I. 2000/1803, S.I. 2002/3135 and S.I. 2015/794.

Relevant amending instruments to the 1983 Act are S.I. 2002/3135, S.I. 2014/1101, and S.I. 2015/794.

2006 c. 41. Section 3 was amended by the Health and Care Act 2022 (c. 31), section 21.

1978 c. 29. Section 39(2) was amended by the Health and Medicines Act 1988 (c. 49), section 10(2)(b).

S.I. 1972/1265 (N.I. 14).

S.I. 2017/913 (W. 224).

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.

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.

Section 2(3) was amended by S.I. 2005/2011.

S.I. 1993/2838. Article 2 was substituted by S.I. 2018/887 (W. 176), article 3.

Relevant amending instruments are S.I. 2007/3101 and S.I. 2019/593.

W.S.I. 2026/37.

S.I. 2006/489 (W. 58).

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.

Sections 27B, 27C and 28 were substituted by S.I. 2005/2011, article 18.

Section 30 was substituted by S.I. 2005/2011.

Section 32 was substituted by S.I. 2005/2011 and amended by S.I. 2016/496.

1984 c. 24. Sections 27 and 28 were substituted for sections 27, 27A, 27B, 27C and 28 by S.I. 2005/2011.

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).

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