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

2.  An application shall contain the following declarations as to whether or not the applicant:– S

(a) is a medical practitioner included in both registers;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) has been convicted of a criminal offence in the United Kingdom;

(d) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(e) is currently the subject of any proceedings [F2 anywhere in the world] which might lead to a conviction specified in sub paragraph (c) or (d);

(f) has in summary proceedings in respect of an offence, been the subject of an order discharging the applicant absolutely (without proceeding to conviction);

(g) has accepted and agreed to pay either a [F3 fixed penalty] under section 302 of the Criminal Procedure (Scotland) Act 1995 M1 or a penalty under section 115A of the Social Security Administration Act 1992 M2 ;

(h) has accepted a police caution in the United Kingdom;

(i) has been bound over following a criminal conviction in the United Kingdom;

(j) has been subject to any investigation into the applicant’s professional conduct by any licensing, regulatory or other body where the outcome was adverse;

(k) is currently subject to any investigation into the applicant’s professional conduct by any licensing, regulatory or other body;

(l) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

(m) is the subject of any investigation or proceedings by another Health Board or equivalent body which might result in the applicant being disqualified, conditionally disqualified, removed or suspended from a list, or equivalent list;

(n) is, or has been, where the outcome was adverse, the subject of any investigation into the applicant’s professional conduct in respect of any previous or current employment;

(o) is, or has in the preceding 6 months been, or was at the time of the events that gave rise to conviction, proceedings or investigation, a director or one of the body of persons with control of a body corporate which–

(i) has been convicted of a criminal offence in the United Kingdom;

(ii) has been convicted elsewhere of an offence which would constitute a criminal offence if committed in Scotland;

(iii) is currently the subject of any proceedings which might lead to such a conviction;

(iv) has been subject to any investigation into its provision of professional services by any licensing, regulatory or other body; or

(v) is, to the applicant’s knowledge, or has been, where the outcome was adverse, the subject of any investigation by the Agency in relation to fraud;

F4 (p) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 2(b) omitted (19.7.2006 for specified purposes in accordance with art. 1(2)(b) of the amending S.I., 19.10.2007 in so far as not already in force, as notified in the London Gazette dated 20.7.2007) by virtue of The Medical Act 1983 (Amendment) and Miscellaneous Amendments Order 2006 (S.I. 2006/1914), arts. 1(2)(b)(c)(3), 79(a)(ii)

F2 Words in sch. 1 para. 2(e) inserted (21.12.2011) by The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/392), regs. 1, 2(11)(c)(i) (with reg. 3)

F3 Words in sch. 1 para. 2(g) substituted (21.12.2011) by The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/392), regs. 1, 2(11)(c)(ii) (with reg. 3)

F4 Sch. 1 para. 2(p) omitted (21.12.2011) by virtue of The National Health Service (Primary Medical Services Performers Lists) (Scotland) Amendment Regulations 2011 (S.S.I. 2011/392), regs. 1, 2(11)(c)(iii) (with reg. 3)

Marginal Citations

M1 1995 c. 46.

M2 1992 c. 5; section 115A was inserted by section 15 of the Social Security Administration (Fraud) Act 1997 (c. 47).