The National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and (General Medical Services) Amendment Regulations 2003

Amendment of regulation 6

27.—(1) Regulation 6 (grounds for refusal) of the Supplementary List Regulations shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (1)—

(a) at the end of sub-paragraph (a), after “any other information”, there shall be added “or document”;

(b) for sub-paragraph (d) there shall be substituted—

“(d) having checked with the NHS Counter Fraud and Security Management Service for any facts that it considers relevant relating to past or current fraud investigations involving or related to the doctor and, having considered these and any other facts in its possession related to fraud involving or relating to the doctor, the Primary Care Trust considered these justify such refusal;”; and

(c) for sub-paragraph (f) there shall be substituted—

“(f) where his registration in the register of medical practitioners is subject to conditions imposed pursuant—

(i) to a direction, under section 36(1)(iii)(1) of the Medical Act, of the Professional Conduct Committee,

(ii) to a direction of the Health Committee under section 37(2) of that Act,

(iii) to a direction under section 36A of or paragraph 5A(3) of Schedule 4 to that Act(3) of the Committee on Professional Performance of the General Medical Council, referred to in section 1(3) of that Act, or

(iv) to an order, under section 41A(4) of that Act, of any of those committees or of the Interim Orders Committee of the General Medical Council, referred to in section 1(3) of that Act.”.

(3) In paragraph (2)—

(a) at the end of sub-paragraph (d) there shall be added “or is a General Practice Registrar”;

(b) in sub-paragraph (j), after “where”, there shall be inserted “, in a case to which regulation 15(4) applies,”.

(4) In paragraph (3)—

(a) for sub-paragraph (b) there shall be substituted—

“(b) check with the NHS Counter Fraud and Security Management Service whether the doctor has any record of fraud; and”; and

(b) at the end there shall be added the following sub-paragraph—

“(c) check with the Secretary of State as to any information held by him as to any record about past or current investigations or proceedings involving or related to that doctor;”.

(5) At the end of paragraph (4)(f) there shall be added “or, if it had been committed in England or Wales, would have applied; and”.

(1)

Section 36 was amended by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 5 and by S.I. 2000/1803, articles 2 and 5.

(2)

Section 37 was amended by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 6 and by S.I. 2000/1803, articles 2 and 7.

(3)

Section 36A was inserted by the 1995 Act, section 1 and amended by S.I. 2000/1803, articles 2 and 6 and paragraph 5A of Schedule 4 was added by the 1995 Act, section 4 and Schedule 1, paragraphs 1 and 20.

(4)

Section 41A was inserted by S.I. 2000/1803, articles 2 and 10.