Coronavirus Act 2020

Section 3

SCHEDULE 2 Emergency arrangements concerning medical practitioners: Wales

Temporary exception to rule requiring listing in order to perform primary medical services

1 (1) The National Health Service (Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)) have effect with the following modifications.

(2) The regulations have effect as if, after regulation 22, there were inserted—

“22A Temporary exception under the Coronavirus Act 2020

(1) A person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 (temporary registration with regard to emergencies) may perform primary medical services, despite not being included in a medical performers list, provided that—

(a) the person has made an application to a Local Health Board for inclusion in its medical performers list under regulation 4 or 4A, and

(b) the person’s application has not been—

(i) refused under regulation 6, 22B or 24, or

(ii) deferred under regulation 7 or 22B.

(2) Regulation 9 applies to a person who performs primary medical services by virtue of this regulation as it applies to a performer included in a medical performers list.

22B Grounds for refusal and deferral under the Coronavirus Act 2020

(1) This regulation applies where a person who is registered in the GP Register by virtue of section 18A of the Medical Act 1983 has made an application to a Local Health Board for inclusion in its medical performers list.

(2) But this regulation does not affect a Local Health Board’s functions under regulations 6, 7 and 24 in relation to the refusal or deferral of an application by such a person.

(3) A Local Health Board may refuse the person’s application for inclusion in its medical performers list if—

(a) the Local Health Board has received an allegation (in any manner) about either—

(i) professional misconduct of the person, or

(ii) the person’s involvement in a matter which the person would be under a duty to disclose under regulation 9(1) or (2), and

(b) the nature of the allegation is such that, were the person already included in its list, the Local Health Board would be satisfied that it would be necessary for the protection of members of the public, or otherwise in the public interest, to suspend the person from its list under regulation 13 while it decided whether to remove them from its list.

(4) A Local Health Board may defer determination of the person’s application for inclusion in its medical performers list if—

(a) the person has declared any matter specified in regulation 9(1) or (2), and

(b) the Local Health Board is satisfied that it is necessary for the protection of members of the public, or otherwise in the public interest, to complete its consideration of the person’s application before the person is permitted to perform primary medical services.

(5) Unless paragraph (6) applies, a person whose application is refused by a Local Health Board under paragraph (3) may not reapply for inclusion in any medical performers list.

(6) This paragraph applies where a person subsequently becomes registered in the GP Register as a fully registered person, within the meaning given by section 55(1) of the Medical Act 1983, otherwise than by virtue of section 18A of that Act.

(7) A Local Health Board must notify an applicant in writing of a determination made under this regulation, and the reasons for it, within 7 days of making the determination.

(8) An applicant may not appeal any determination made by a Local Health Board under this regulation.”

(3) Regulation 15 (appeals) has effect as if before paragraph (1) there were inserted—

“(A1) This regulation does not apply where a person’s application for inclusion in a medical performers list is refused under regulation 22B(3).”

Modification of General Medical Services Contracts Regulations 2004

2 (1) The National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (S.I. 2004/478 (W. 48)) have effect subject to the following modifications.

(2) In paragraph 52 of Schedule 6 (contractual terms: qualifications of performers), after sub-paragraph (2) insert—

“(2A) Sub-paragraph (1)(a) does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).”

(3) In paragraph 56 of Schedule 6 (contractual terms: conditions for employment and engagement), after sub-paragraph (4) insert—

“(4A) This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).”

(4) In paragraph 58 of Schedule 6 (contractual terms: conditions for employment and engagement), after sub-paragraph (3) insert—

“(4) This paragraph does not apply in the case of a person who is performing primary medical services by virtue of regulation 22A of the National Health Service (Primary Medical Services Performers Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).”

Power to modify Schedule

3 (1) The Welsh Ministers may by regulations made by statutory instrument modify this Schedule.

(2) A statutory instrument containing regulations under sub-paragraph (1) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.