5. In regulation 5 (consideration of applications) of the 2013 Regulations—
(a)in paragraph (1)(b) before “check” insert “if the Practitioner is not a returning practitioner,”;
(b)for paragraph (1)(c) substitute—
“(c)if the Practitioner is not a returning practitioner, check with the NHSLA whether it holds any information set out in paragraph (1A) relating to the Practitioner, which information the NHSLA must supply;”;
(c)in paragraph (1)(d) after “the Practitioner” insert “, where the Practitioner is required to name referees”;
(d)after paragraph (1) insert—
“(1A) The information referred to in paragraph (1)(c) is—
(a)any information received by the NHSLA following a notification by the Board under regulation 18(1) (notification);
(b)any finding made by the NHSLA about the standard of practice or professional conduct of the relevant Practitioner, other than a finding that relates only to a compensation claim; and
(c)any information held by NHSLA relating to a Health Professional Alert Notice that has been issued in respect of the relevant Practitioner and has not been revoked.”;
(e)after paragraph (4) insert—
“(5) In paragraph (1A)(c) a “Health Professional Alert Notice” means a notice issued in accordance with the National Health Service Litigation Authority Directions 2013(1) stating that a named individual poses a significant risk of harm to patients, staff or the public and is likely to seek work in the NHS.”.
These Directions were signed on 28th March 2013 and were amended by the National Health Service Litigation Authority (Amendment) Directions 2013, signed on 5th November 2013, the National Health Service Litigation Authority (Amendment) Directions 2015, signed on 9th March 2015, and the National Health Service Litigation Authority (Amendment) Directions 2019, signed on 16th December 2019. These Directions are available from https://www.gov.uk/government/collections/nhs-litigation-authority-directions, or by writing to The Department of Health and Social Care, Resolution and Maternity Branch, 39 Victoria Street, SW1H 0EU.