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

Removal from primary medical services performers lists

9.—(1) In addition to any duty on a Health Board under the Act not to continue to include a performer by virtue of that performer’s disqualification or to remove the performer by virtue of the performer being suspended, where a Health Board determines that a performer who has been included in a primary medical services performers list–

(a) has died;

(b) is no longer a general medical practitioner;

(c) is–

(i) the subject of a direction given by the Professional Conduct Committee under section 36 (professional misconduct and criminal offences) of the Medical Act 1983;

(ii) the subject of an order made by the Professional Conduct Committee under section 38(1) (power to order immediate suspension after a finding of professional misconduct or unfitness to practice)of that Act;

(iii) from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), 10(a) or (b), or (12)(a) or (b) (functions of a Fitness to Practise Panel), or 38(1) (power to order immediate suspension etc) of that Act; or

(iv) from the coming into force of article 14 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel suspending him pursuant to rules made under paragraph 5A(3) of Schedule 4 to that Act;

(d) has been convicted in the United Kingdom of murder; or

(e) has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over 6 months,

the Health Board shall remove the performer from the primary medical services performers list with effect from the date of its determination or, in the circumstances mentioned in sub paragraph (c) above, the date on which the direction or order takes effect, if that date is later than the date of the Board’s determination, and shall notify the performer as soon as practicable of the removal and the reasons for the removal in writing.

(2) Paragraph (1) is without prejudice to any duty on a Health Board to–

(a) remove a performer from a primary medical service performers list by virtue of that performer being disqualified under section 29B(2), 30(2) or (5) or 31(1) of the Act; or

(b) remove a performer from a primary medical services performers list by virtue of that applicant being suspended under section 32A, 32B or 32D of the Act.