28.—(1) In addition to the grounds in regulation 14(1), [F1NHS England] must remove a medical practitioner from the medical performers list where it becomes aware that—
(a)the medical practitioner's name is no longer included in the GP Register;
(b)the medical practitioner's registration in the register of medical practitioners has been suspended [F2under section 35D(2)(b), (10)(b) or (12), or section 38(1) of the Medical Act 1983 or by virtue of rules made under paragraph 5A(3) of Schedule 4 to that Act];
(c)the medical practitioner's licence to practice has been withdrawn [F3except where this has been withdrawn as a result of an interim suspension order made under section 41A(1)(a) of the Medical Act 1983]; or
(d)if the medical practitioner is a GP Registrar, the medical practitioner is in breach of an undertaking provided in accordance with regulation 26(3) and has failed to withdraw from the list after [F1NHS England] has given the medical practitioner 28 days notice requesting the medical practitioner to do so.
This is subject to paragraph (2).
(2) Paragraph (1)(b) does not apply where a direction that a medical practitioner's registration be suspended is made in a health case.
(3) For the purposes of regulation 14(3)(a), the day prescribed in this Part is 3rd November 2003 or, if the medical practitioner had been included in a medical list or a medical supplementary list, 14th December 2001.
(4) In calculating the period of 12 months under regulation 14(7), [F1NHS England] must disregard any period during which a medical practitioner's registration in the register of medical practitioners is suspended.
Textual Amendments
F1Words in Instrument substituted (6.11.2023) by The Health and Care Act 2022 (Further Consequential Amendments) (No. 2) Regulations 2023 (S.I. 2023/1071), reg. 1(1), Sch. para. 1
F2Words in reg. 28(1)(b) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 9(a)
F3Words in reg. 28(1)(c) inserted (1.4.2015) by The National Health Service (Performers Lists) (England) (Amendment) Regulations 2015 (S.I. 2015/362), regs. 1(1), 9(b)