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The National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004

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Amendment or withdrawal from primary medical services performers lists

12.—(1) A performer shall, unless it is impracticable to do so, give notice in writing to the Health Board within 30 days from the date of any occurrence requiring a change in the information recorded on a primary medical services performers list.

(2) A performer shall, unless it is impracticable to do so, give notice in writing to the Health Board at least 90 days in advance of any date on which the performer intends to withdraw from the primary medical services performers list.

(3) The Health Board shall, on receiving notice from any performer–

(a)pursuant to paragraph (1) as soon as practicable so amend the primary medical services performers list;

(b)pursuant to paragraph (2) so amend the primary medical services performers list, either–

(i)on the date which falls 90 days after the date the notice was received, or, if later, the date on which the performer has indicated in the notice the performer intends to withdraw; or

(ii)on the date from which the Health Board has agreed with the performer that the withdrawal shall take effect,

whichever is the earlier.

(4) Any notice given pursuant to paragraph (2) may not be withdrawn by the performer except with the consent of the Health Board.

(5) Where, in relation to a performer representations are made to the Tribunal under section 29 of the Act (the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification), that performer shall not, except with the consent of the Scottish Ministers and subject to such conditions as they may impose, be entitled to withdraw from the list until the proceedings on such representations, request for review or review have been determined.

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