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

Deferment of decision on application E+W

8.—(1)  [F1 NHS England] may defer a decision on a Practitioner's application to be included in a performers list, where—

(a) there are, in respect of the Practitioner—

(i) criminal proceedings in the United Kingdom, or

(ii) proceedings elsewhere in the world relating to conduct, which, if they had occurred in the United Kingdom, would constitute a criminal offence,

and which, if they resulted in a conviction or the equivalent of a conviction would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it;

(b) in respect of a body corporate of which the Practitioner is, has in the preceding 6 months been, or was at the time of the originating event, a director there are—

(i) criminal proceedings in the United Kingdom, or

(ii) proceedings elsewhere in the world relating to conduct, which, if they had occurred in the United Kingdom, would constitute a criminal offence,

and which, if they resulted in a conviction or the equivalent of a conviction would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it;

(c) there is any investigation anywhere in the world by any regulatory or other body relating to the Practitioner which if adverse to the Practitioner would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it;

(d) the Practitioner is suspended from any list;

(e) a body corporate of which the Practitioner is, has in the preceding six months been, or was at the time of the originating event, a director, is suspended from any list;

(f) the Practitioner has appealed to the First-tier Tribunal against a decision to refuse to include the Practitioner or to include the Practitioner subject to conditions in any list, or to remove the Practitioner from any list, and if that appeal is unsuccessful it would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it;

(g) a body corporate of which the Practitioner is, has in the preceding six months been, or was at the time of the originating event, a director, has appealed to the First-tier Tribunal against a decision to refuse to include the body corporate or to include it subject to conditions in any list, or to remove it from any list, and if that appeal is unsuccessful it would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it;

(h) the Practitioner is being investigated by the [F2 NHS Counter Fraud Authority] in relation to fraud, where, if the result included a finding adverse to the Practitioner it would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it; or

(i) a body corporate, of which the Practitioner is, has in the preceding six months been, or was at the time of the originating event a director, is being investigated in relation to any fraud, where if the result included a finding adverse to the body corporate it would, if the Practitioner were at that time included in a performers list, be likely to lead to the Practitioner's removal from it.

(2) Within 7 days of the date of a decision under paragraph (1), [F1 NHS England] must notify the Practitioner in writing of that decision and the reasons for it.

(3) [F1 NHS England] may only defer a decision under paragraph (1) until the outcome of the matter in question is known or any suspension under sub-paragraph (d) or (e) of that paragraph has ended.

(4) Once the outcome of the matter in question is known or any suspension has ended (as the case may be), [F1 NHS England] must notify the Practitioner that the Practitioner must within 28 days of the date of the notification—

(a) confirm in writing that the Practitioner wishes to proceed with the Practitioner's application; and

(b) if the Practitioner wishes to proceed, provide any additional information required.

(5) Provided any confirmation and additional information has been received within the 28 days referred to in paragraph (4), [F1 NHS England] must—

(i) make a decision in accordance with regulation 7 and regulation 27(1), 34(1) or (2) or 40(1) (as the case may be) as to whether or not to grant the Practitioner's application to be included in the performers list; or

(ii) consider whether to impose conditions on the Practitioner's inclusion in the performers list in accordance with regulation 10.

(6) Where, under paragraph (5), [F1 NHS England] decides to grant or refuse the Practitioner's application, paragraphs (6) and (7) of regulation 7 apply as if there had been no deferment.

Textual Amendments

F1 Words 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

F2 Words in reg. 8(1)(h) substituted (1.11.2017) by The NHS Counter Fraud Authority (Investigatory Powers and Other Miscellaneous Amendments) Order 2017 (S.I. 2017/960), arts. 1(1), 4(4)(d)