Citation, commencement and application

1. —(1) These Regulations may be cited as the National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 and come into force on 1st April 2015.

(2) These Regulations apply to England only.

Amendment of the National Health Service (Performers Lists) Regulations 2013

2.The National Health Service (Performers Lists) (England) Regulations 2013( 2 ) are amended in accordance with regulations 3 to 13.

3. In regulation 2 (interpretation) at the appropriate place in the alphabetical order insert—

“ “dentists register” means the register referred to in section 14(1) of the Dentists Act 1984 ( 3 ) ;

“protected caution” means a caution of the kind described in article 2A(1) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 ( 4 ) ;

“protected conviction” means a conviction of the kind described in article 2A(2) of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975; ” .

4. In paragraph (5) of regulation 4 (application for inclusion in a performers list)—

(a) in sub-paragraph (a) after “United Kingdom” insert “(but the Practitioner need not declare a protected conviction)”;

(b) in sub-paragraph (b) after “United Kingdom” insert “(but the Practitioner need not declare a protected caution)”;

(c) in sub-paragraph (e) after “Wales” insert “(but the Practitioner need not declare such an offence if the offence would constitute a protected conviction if committed in England and Wales)”.

5. In regulation 12 (suspension)—

(a) after paragraph (1) insert—

“ (1A) The Board must suspend a Practitioner from a performers list if the Practitioner’s registration—

(a) in the register of medical practitioners is subject to an interim suspension order made under section 41A of the Medical Act 1983 ( 5 ) ;

(b) in the dentists register is subject to an interim suspension order made under section 32 of the Dentists Act 1984 ( 6 ) ;

(c) in the register maintained by the General Optical Council under section 7(a) or 8B(1)(a) of the Opticians Act 1989 ( 7 ) is subject to an interim suspension order made under section 13L ( 8 ) of that Act.

(1B) A suspension under paragraph (1A) will cease to have effect on the date that the interim suspension order referred to in that paragraph ends.

(1C) Where the Board suspends a Practitioner under paragraph (1A) it must notify the Practitioner of the suspension and the reason for it. ” ;

(b) in paragraph (2), after “considering suspending a Practitioner” insert “under paragraph (1)”;

(c) in paragraph (6), after “suspension” insert “under paragraph (1)”;

(d) in paragraph (21)—

(i) after “suspension” where it first appears insert “imposed under paragraph (1)”;

(ii) for “revoke a suspension” substitute “revoke that suspension”;

(e) after paragraph (22), insert—

“ (23) Nothing in paragraph (22) prevents a Practitioner from being removed from a performers list pursuant to regulation 11(1)(c), 14 or 17(6)(b). ” .

6. In regulation 16(9)(a) (reviews), after “or (d)” insert “, or (1A)”.

7. In regulation 18 (notification), in paragraph (2)(e) for “14 or 17(6)(b)” substitute “14, 16(2)(c) or (3)(c), 17(6)(b), 28(1), 35(1) or 41(1)”.

8. In regulation 20 (restrictions on withdrawal from performers list), in paragraph (1)(a) after “or (b)” insert “or regulation 12(1A)”.

9. In regulation 28(1)(grounds for removal from the medical performers list)—

(a) in sub-paragraph (b), after “suspended” insert “under section 35D(2)(b), (10)(b) or (12), or section 38(1) of the Medical Act 1983 or by virtue of rules made under paragraph 5A(3) of Schedule 4 to that Act”;

(b) in sub-paragraph (c), after “withdrawn” insert “except where this has been withdrawn as a result of an interim suspension order made under section 41A(1)(a) of the Medical Act 1983”.

10. In regulation 29(1)(interpretation: general definitions) omit the definition of “dentists register”.

11. In regulation 35(1) (grounds for removal from the dental performers list), in sub-paragraph (a) after “suspended” insert “under section 27B(6)(b), 27C(2)(d) or (3) of the Dentists Act 1984”.

12. In regulation 36 (interpretation), after “contractor” insert—

“ “health case” means a fitness to practise case in which an allegation is made that a Practitioner’s fitness to practise is impaired by reason of adverse physical or mental health; ” .

13. In regulation 41 (grounds for removal from the ophthalmic performers list)—

(a) in paragraph (1)—

(i) in sub-paragraph (b), after “suspended” insert “under section 13F(3)(b), (7) or (13)(b) of the Opticians Act 1989”;

(ii) for the full-out words “This is subject to paragraph (2)” substitute “This is subject to paragraph (1A)”;

(b) after paragraph (1), insert—

“ (1A) Paragraph (1)(b) does not apply where a direction that an ophthalmic practitioner’s registration in the register be suspended is made in a health case. ” .