The National Health Service (Performers Lists) (England) (Amendment) Regulations 2023

Consideration of applications

3.  After regulation 5 (consideration of applications) insert—

“Applications from Practitioners included in an equivalent list

5A.— (1) The Board must, as soon as reasonably practicable after receiving an application for inclusion in a performers list, include the Practitioner on that list for the period specified in paragraph (2) if—

(a) the Practitioner is already included in an equivalent list (and is not suspended from inclusion in that list);

(b) the Practitioner’s inclusion in the equivalent list is not subject to any conditions;

(c) the authority responsible for the equivalent list—

(i) has not notified the Practitioner that it is considering removing the Practitioner from that list, imposing conditions, or suspending inclusion in that list, or

(ii) if it has so notified the Practitioner, has subsequently notified the Practitioner that it has decided not to remove the Practitioner, impose any conditions, or suspect inclusion, as the case may be; and

(d) the Practitioner has not previously made any other application to the Board for inclusion in a performers list which the Board has refused (and that refusal has not been challenged successfully on appeal).

(2) The period referred to in paragraph (1) is—

(a) the period beginning with the date on which the Board receives the application and ending with the date on which the Board, after considering the application in accordance with regulation 5 (consideration of applications), notifies the Practitioner that the Practitioner will—

(i) continue to be included in the performers list,

(ii) be removed from the performers list, or

(iii) continue to be included in the performers list subject to conditions; or

(b) if the Board does not so notify the Practitioner before the end of the period of three months beginning with the date on which the Board receives the application, that period.

(3) Paragraph (1) and the ending of the Practitioner’s inclusion in a performers list by virtue of paragraph (2)(b) are without prejudice to—

(a) regulation 5;

(b) any decision the Board may make, after considering the application in accordance with regulation 5, to include the Practitioner in the performers list;

(c) any decision the Board may make, after considering the application in accordance with regulation 5, refusing to include the Practitioner in the performers list under regulation 7 (decisions and grounds for refusal);

(d) any decision the Board may make, after considering the application in accordance with regulation 5, imposing conditions on the Practitioner’s inclusion in the performers list under regulation 10 (conditions).”.