Performers List Regulations

A Summary for GPs in Lancashire & Cumbria

The National Health Service (Performers Lists) (England) Regulations came into force on 1st April 2013.

The following is intended as a quick guide and a pointer to relevant sections. The regulations cover medical, dental and ophthalmic performers and are largely generic, but with specific sections for medical performers (Regulations 23-28). Responsibility for maintaining the List is now domiciled with NHS England, hereinafter referred to as the “Board”, and not on a regional basis. This will facilitate information sharing and reduce bureaucracy.

Sections 4 and 26 set out the detail required for an application to the list. Note that 4 (2) d requires the applicants residential address and telephone number but there is no specific request for a mobile number. Sub section (h) requires evidence that the practitioner has appropriate indemnity cover in force. Para 19 (1) requires the practitioner to give notice to the “Board” of any changes to the detail of the information given eg change of address. Sections 5-8 describe the process for dealing with the request to be admitted to the List. In particular Section 7 describes where applicants may (sub para 2) or must (sub para 4) be refused admittance, and Section 8 deals with the circumstance where the Board may defer a decision, eg pending the outcome of criminal proceedings.

Section 9 deals with matters which the Practitioner must notify the Board, eg, 9 (2) h, where a practitioner is involved at an inquest where their conduct is likely to be called into question, or, 9 (2) j, where they become the subject of any investigation by any regulatory or other body.

Section 10 sets out where the Board can place “conditions” on a Performer’s inclusion, and in Section 11 any penalties that may be imposed for failure to comply.

Section 12 sets out the procedure for suspension and in Regulation 13 payments to the suspended Practitioner. Changes have been made to include an ability to suspend a performer where it is necessary to protect patients or the public.

Para 14 deals with where a practitioner must be removed from the list and when they may be removed, including in sub para (5) where they have not performed services in the preceding 12 months. Regulation 15 sets out matters which the Board must consider in deciding whether to remove a practitioner.

Sections 16 & 17 consider whether the Board or the practitioner may or may not request a review of a decision, and then the formal appeals process.

Section 19 indicates that if a practitioner wishes to remove themself from the list they should give 3 months’ notice to the Board, but section 20 goes on to give examples of when such notice will not be accepted.

Section 21 deals with who a practitioner’s details can be disclosed to.

LMC is happy to advise practitioners on any issue emanating from the Performers’ List regulations and provide appropriate support where necessary.

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