The National Health Service (General Medical Services Supplementary Lists) (Scotland) Regulations 2003

Consideration of applications

9.—(1) Before determining an application in accordance with this regulation, a Board shall check, so far as practicable, the information provided by the applicant and any relevant documents.

(2) A Board shall refuse to include the name of an applicant in its supplementary list if–

(a) it is not satisfied that the applicant either is suitably experienced within the meaning of section 21 of the Act or is a GP Registrar;

(b) it is not satisfied that he has the knowledge of English which, in the applicant’s own interests and those of patients, is necessary for assistance in the provision of general medical services;

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

(d) the applicant has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of at least six months;

(e) the applicant has been nationally disqualified; or

(f) having contacted referees provided by the applicant, it is not satisfied with the references.

(3) If a Board refuses to include an applicant’s name in its list, it shall notify the applicant of its decision and the reasons for it (including any facts on which it has relied) and of any right of appeal under regulation 14.

(4) A Board shall defer determination of an application for inclusion in a supplementary list–

(a) where the applicant is the subject of criminal proceedings in the United Kingdom, conviction in respect of which would be likely to lead to refusal to include in, or removal from, a supplementary list;

(b) where the applicant is the subject of investigation or proceedings relating to the applicant’s professional conduct by any regulatory body in the United Kingdom the outcome of which could result in refusal to include in, or removal from, a supplementary list;

(c) where the applicant is the subject of proceedings in the United Kingdom which could result in the applicant being removed, or suspended, from a medical list or any corresponding or similar list in England, Wales or Northern Ireland;

(d) where the applicant is suspended; or

(e) where the applicant has appealed against a suspension referred to in sub paragraph (d),

and the Board shall notify the applicant of the deferral and its reasons in writing.

(5) A Board shall defer a determination under paragraph (4) only until the outcome of the relevant event is known.

(6) Once the outcome of the relevant event is known, the Board shall require the applicant to update the application within 28 days (or such longer period as the Board specifies) with any further relevant information and on the expiry of the relevant period shall again consider the application and notify the applicant of its determination and the reasons for it (including any facts relied on) and any right of appeal.