National disqualification18A

1

In this regulation and in regulation 19 “national disqualification” means the disqualification of the performer from inclusion in—

a

a performer’s list;

b

a list referred to in section 49N(1) prepared by a Primary Care Trust;

c

a supplementary list prepared by a Primary Care Trust;

d

a list of pharmacists performing local pharmaceutical services prepared by a Primary Care Trust,

or only from inclusion in one or more descriptions of such list prepared by a Primary Care Trust or an equivalent list, the description being that specified by the FHSAA in its decision.

2

If a performer appeals to the FHSAA under regulation 15 and the FHSAA decides—

a

to remove the appellant from a performers list; or

b

to refuse to admit him to a performers list,

the FHSAA may also impose a national disqualification on that performer.

3

A Primary Care Trust which has—

a

removed a performer from its performers list; or

b

refused to include him in its performers list,

may apply to the FHSAA for a national disqualification to be imposed on him.

4

Any application under paragraph (3) must be made before the end of the period of three months beginning with—

a

the date of the removal or the refusal; or

b

1st April 2006,

whichever is the later.

5

If the FHSAA imposes a national disqualification on a person—

a

no Primary Care Trust may include him in any list from which he has been so disqualified; and

b

if he is included in any such list, a Primary Care Trust shall remove him from that list forthwith.

6

The FHSAA may, at the request of a person upon whom it has imposed a national disqualification, review that disqualification.

7

On a review under paragraph (6), the FHSAA may confirm or revoke that disqualification.

8

Subject to regulation 19, a request referred to in paragraph (6) may not be made before the end of the period of—

a

two years beginning with the date on which the national disqualification was imposed; or

b

one year beginning with the date of the FHSAA’s decision on the last such review.