The National Health Service (Performers Lists) (England) Regulations 2013

Suspension

12.—(1) If the Board is satisfied that it is necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may suspend a Practitioner from a performers list—

(a) while the Board decides whether or not to exercise its powers to remove the Practitioner under regulation 11(1)(c), 14(3) or (5), 16 or 17(6)(b) or to impose conditions on the Practitioner’s inclusion in a performers list under regulation 10;

(b) while it awaits—

(i) the outcome of any criminal or regulatory investigation affecting the Practitioner, or

(ii) a decision of a court anywhere in the world, or of any regulatory body, affecting the Practitioner;

(c) where it has decided to remove the Practitioner from a performers list but that decision has yet to take effect; or

(d) pending an appeal under these Regulations.

(2) Where the Board is considering suspending a Practitioner it must give the Practitioner—

(a) notice of any allegation against the Practitioner;

(b) notice of what action it is considering and on what grounds; and

(c) the opportunity to put the Practitioner’s case at an oral hearing before it, on a specified day, provided that at least two working days’ notice of the hearing is given (beginning with the day on which the notice is given).

This paragraph does not apply where paragraph (6) applies.

(3) Where a Practitioner does not wish to have an oral hearing under paragraph (2)(c) or does not attend one, the Board may suspend the Practitioner with immediate effect.

(4) If an oral hearing does take place, the Board must take into account any representations made before it reaches its decision, and the Board may—

(a) suspend the Practitioner with immediate effect; or

(b) allow the Practitioner to resume practice subject to conditions imposed by the Board.

(5) Where the Board suspends a Practitioner in a case falling within paragraph (1)(a) or (b), it must notify the Practitioner of the right of review under regulation 16.

(6) Where the Board considers it necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may determine that a suspension is to have immediate effect without undertaking the steps specified in paragraph (2).

(7) When a Practitioner is suspended in accordance with paragraph (6)—

(a) the Board must immediately notify the Practitioner of its decision, the reasons for it and the allegations against the Practitioner;

(b) the Board must review its decision within two working days of the Practitioner being suspended (beginning with the day on which the Practitioner was suspended); and

(c) the Board is as soon as practicable to give the Practitioner—

(i) notice of what further action it is considering and on what grounds, and

(ii) the opportunity to put the Practitioner’s case at an oral hearing before it, on a specified day, provided that at least two working days’ notice of the hearing is given (beginning with the day on which the notice is given).

(8) If a decision to suspend a Practitioner in accordance with paragraph (6) is not reviewed in accordance with sub-paragraph (b) of paragraph (7), the suspension will cease to have effect on the expiry of the period mentioned in that sub-paragraph.

(9) Where a Practitioner does not wish to have an oral hearing under paragraph (7)(c)(ii) or does not attend one, the Board may confirm or revoke the suspension.

(10) If an oral hearing under paragraph 7(c)(ii) does take place, the Board must take into account any representations made before it reaches its decision, and the Board may—

(a) confirm or revoke the suspension; or

(b) allow the Practitioner to resume practice subject to conditions imposed by the Board.

(11) Where the Board decides to confirm a suspension under paragraph (9) or (10) the Board must notify the Practitioner of—

(i) its decision and the right of review under regulation 16, immediately, and

(ii) the reasons for it (including any facts relied upon) within 7 days of the decision.

(12) In a case falling within paragraph (1)(a) or (b), the Board must specify a period, not exceeding six months, as the period of suspension (“the initial period of suspension”).

This is subject to paragraph (19).

(13) In a case falling within—

(a) paragraph (1)(b)(i), after the outcome of the investigation referred to in that paragraph is known, the Board may specify that the Practitioner remains suspended for an additional period of time so long as the aggregate of the initial and additional period of suspension does not exceed 6 months;

(b) paragraph (1)(b)(ii), after the decision referred to in that paragraph has been made, the Board may specify that the Practitioner remains suspended for an additional period so long as the aggregate of the initial and additional period of suspension does not exceed 6 months.

(14) Where the Board specifies under paragraph (13) that the Practitioner should remain suspended for an additional period, it must immediately notify the Practitioner of this.

(15) The Board may extend the period of suspension under paragraph (12) or impose a further period of suspension under paragraph (13), so long as the aggregate does not exceed six months.

This is subject to paragraph (19).

(16) Any period of suspension referred to in paragraph (13)(a) or (b) may be extended beyond six months if—

(a) on the application of the Board, the First-tier Tribunal so orders; or

(b) the Board has applied to the First-tier Tribunal under sub-paragraph (a) before the expiry of the initial period of suspension but the First-tier Tribunal has not made an order by the time that initial period expires, in which case the period of suspension continues until the First-tier Tribunal makes an order.

(17) If the First-tier Tribunal makes an order in accordance with paragraph (16)(a), it must specify—

(a) a date on which the period of suspension is to end;

(b) an event beyond which it is not to continue; or

(c) that the period of suspension is to end on the earlier of a specified date or event.

(18) The First-tier Tribunal may, on the application of the Board, make a further order (complying with paragraph (17)) at any time while the period of suspension pursuant to its earlier order is continuing.

(19) A suspension under paragraph (1)(a) remains effective after the Board has made a decision to exercise its powers to remove the Practitioner from the performers list under regulation 11(1)(c), 14(3) or (5), 16 or 17(6)(b) until the decision for the removal of the Practitioner takes effect.

(20) If the Board suspends a Practitioner in a case falling within paragraph (1)(c) or (d), the suspension has effect until—

(a) in a case falling within paragraph (1)(c), the decision takes effect; or

(b) in a case falling within paragraph (1)(d), the First-tier Tribunal has disposed of the appeal.

(21) If it is in possession of evidence that revoking a suspension will not compromise the protection of patients or members of the public or the public interest, the Board may at any time revoke a suspension with immediate effect and notify the Practitioner of its decision.

(22) Whilst suspended under these Regulations, a Practitioner is to be treated as not being included in a performers list, even though the Practitioner appears in it.