The National Health Service (General Medical Services Supplementary List) Regulations 2001

Removal from supplementary list

10.—(1) The Health Authority must remove the doctor where it becomes aware that—

(a) the doctor has been convicted in the United Kingdom of murder;

(b) the doctor has been convicted in the United Kingdom since the date on which these Regulations came into force of a criminal offence and has been sentenced to a term of imprisonment of over six months;

(c) the doctor has been nationally disqualified;

(d) the doctor has died;

(e) he is no longer a doctor;

(f) he is the subject of—

(i) a direction given by the Professional Conduct Committee under section 36 of the Medical Act, or

(ii) an order made by that committee under section 38(1) of that Act;

(g) where he is included in the medical or services list of any Health Authority, or the supplementary list of another Health Authority,

and shall notify the doctor immediately that it has done so.

(2) Where a Health Authority is notified by the FHSAA that it has considered—

(a) an appeal by a doctor against a contingent removal by the Health Authority and has decided to remove him instead; or

(b) an appeal by a doctor against a conditional inclusion, where the doctor has been conditionally included in the list until the appeal has been decided, and has decided not to include him,

the Health Authority shall remove the doctor and shall notify the doctor immediately that it has done so.

(3) The Health Authority may remove a doctor from the supplementary list where any of the conditions set out below is satisfied.

(4) The conditions mentioned in paragraph (3) are—

(a) that the continued inclusion of the person concerned in the list would be prejudicial to the efficiency of the services which those included in the list assist in providing (“an efficiency case”);

(b) that the person concerned (whether on his own or together with another) is involved in a fraud case in relation to any health scheme; or

(c) that the person concerned is unsuitable to be included in the list (“an unsuitability case”).

(5) In addition to the services covered by the definition of “health scheme” in section 49F(8), the following shall also be health schemes—

(a) health services, including medical and surgical treatment, provided by Her Majesty’s Forces;

(b) services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 1984(1);

(c) health services provided to a prisoner in the care of the medical officer or other such officer of a prison appointed for the purposes of section 7 of the Prison Act 1952(2);

(d) publicly-funded health services provided by or on behalf of any organisation anywhere in the world.

(6) A Health Authority may also remove a doctor if—

(a) it decides he is in breach of a condition imposed on him on inclusion on the list under regulation 8;

(b) it decides he has failed to comply with a condition imposed on a contingent removal under regulation 12; or

(c) it decides he has failed to comply with a condition imposed on a contingent removal by the FHSAA under regulation 15(6).

(7) Where the doctor cannot demonstrate that he has assisted in the provision of general medical services within the area of the Health Authority during the preceding twelve months, the Health Authority may remove him from the supplementary list.

(8) In calculating the period of twelve months referred to in paragraph (7), the Health Authority shall disregard any period—

(a) during which his registration as a medical practitioner was suspended as mentioned in section 29(8) (suspension by direction or order of the Health Committee) or by interim order of the Preliminary Proceedings Committee;

(b) during which he was suspended by virtue of section 41A of the Medical Act 1983;

(c) during which he was suspended under these Regulations; and

(d) during which he was performing relevant service as defined in regulation 2 of the National Health Service (General Medical Services) Regulations 1992(3).

(9) Where a Health Authority is considering removing a doctor under paragraphs (3) to (7) of this regulation, or contingently removing a doctor under regulation 12, it shall—

(a) give the doctor notice in writing of any allegation against him;

(b) give the doctor notice of what action the Health Authority is considering and on what grounds;

(c) give him the opportunity to make written representations to the Health Authority within 28 calendar days of the date of the notification under sub-paragraph (b);

(d) give him the opportunity to put his case at an oral hearing before the Health Authority, if he so requests within the 28 day period mentioned in sub-paragraph (c).

(10) Where the Health Authority decides to remove a doctor under paragraph (7), the doctor shall not be removed from the list for a period of three months starting on the date on which the Health Authority reaches its decision or for a period of three months starting on the date any appeal is disposed of by the FHSAA whichever is the latest.

(11) If there are no representations within the period specified in paragraph (9)(c), the Health Authority shall inform the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal under regulation 15.

(12) If there are representations, the Health Authority must take them into account before reaching its decision, and notifying the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal under regulation 15.

(13) If the doctor requests an oral hearing, this must take place before the Health Authority reaches its decision, and the Health Authority must then notify the doctor of its decision, the reasons for it (including any facts relied upon), and of any right of appeal under regulation 15.

(14) When the Health Authority notifies the doctor of any decision, it shall inform him that if he wishes to exercise a right of appeal, he has 28 days from the date of the decision to do so, and shall tell him how to do so.

(15) The Health Authority shall also notify the doctor of his right to have the decision reviewed in accordance with regulation 14.

(1)

1984 c. 22.

(2)

1952 c. 52.

(3)

S.I. 1992/635.