Health And Personal Social Services Citation and commencement 1 These Regulations may be cited as the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2010 and shall come into operation on 7th December 2010. Interpretation 2 In these Regulations “the principal Regulations” means the Health and Personal Social Services (Primary Medical Services Performers Lists) Regulations (Northern Ireland) 2004 3 In regulation 2 of the principal Regulations (Interpretation)— a after the definition of “disqualification” insert— “emergency registered practitioner” means a medical practitioner— who is registered as a registered medical practitioner pursuant to section 18A of the Medical Act (temporary registration with regard to emergencies involving loss of human life or human illness etc.); whose name, within the period of five years prior to being so registered, had been included on the primary medical services performers list; and whose name was subsequently removed from the primary medical services performers list— on the ground referred to in regulation 10(1); or on some other ground unconnected with impairment of fitness to practise (for these purposes, impairment is construed in accordance with section 35C(2) of the Medical Act (functions of the Investigation Committee) ; b after the definition of “performer” insert— “period of emergency” means the period— beginning when the Secretary of State advises the Registrar of the General Medical Council (the Registrar”) that an emergency of the type described in section 19(1)(a) of the Civil Contingencies Act 2004 (meaning of emergency), read with subsection (2)(a) and (b) of that section has occurred, is occurring or is about to occur; ending when the Secretary of State advises the Registrar that the circumstances that led to the Secretary of State to advise the Registrar as mentioned in paragraph (a) no longer exist. . 4 After regulation 6 of the principal Regulations (Application for inclusion in the primary medical services performers list) insert— Disapplication of provisions with regard to emergency registered practitioners 6A 1 Regulations 6 and 7(1) do not apply to applications made during a period of emergency for inclusion of the name of an emergency registered practitioner in the primary medical services performers list. 2 Regulation 9(1)(c) does not apply in respect of the removal of an emergency registered practitioner’s name from the primary medical services performers list. Applications relating to emergency registered practitioners 6B 1 An application made during a period of emergency by an emergency registered practitioner for inclusion in the primary medical services performers list shall be made in writing to the Regional Board and shall include the requirements specified in Schedule 1 as modified in accordance with paragraph (2). 2 Schedule 1 shall apply to an application referred to in paragraph (1) as if— a paragraph 1(b), (e), (g), (i), (j), (l) and (m); b paragraph 2(a), (b) and (o); c paragraph 3(a)(i), (ii) and (iii), (c), (d) and (e); and d paragraph 4, were omitted. 3 In addition to the information required in Schedule 1, as modified by paragraph (2), the following must be supplied with the an application referred to in that paragraph— a an enhanced criminal record certificate under section 113B of the Police Act 1997 (enhanced criminal record certificates) or, if none is supplied with the application, an undertaking— i if not already applied for, to apply for such a certificate within 7 days; and ii to provide that certificate to the Regional Board within 7 days of receiving it. 4 The Regional Board must refuse to include a medical practitioners name in the primary medical services performers list pursuant to an application referred to in paragraph (1) if the medical practitioner is not an emergency registered practitioner. Removal of emergency registered practitioners from the primary medical services performers list 6C 1 The grounds in regulation 10 for the removal by the Regional Board of a performer’s name from the primary medical services performers list do not apply in respect of an emergency registered practitioner. 2 In addition to the grounds specified in regulation 9(1), the Regional Board must remove the name of an emergency registered practitioner from the primary medical services performers list where— a that practitioner has not, on request, provided evidence to the Regional Board that the certificate referred to in regulation 6B(3) has been applied for (despite the undertaking to apply for the certificate); or b that practitioner has not provided that certificate to the Regional Board (despite the undertaking to provide it) within the relevant period specified in regulation 6(B)(3). 3 The Regional Board may also remove an emergency registered practitioner’s name from its primary medical services performers list where it considers such removal to be justified, after having checked— a as far as reasonably practicable, the information provided with the application, in particular that provided under paragraphs 2(c) to (n) of Schedule 1 and having sight of the relevant documents; b with the RBSO for any facts it considers relevant relating to past or current fraud investigations involving or related to the emergency registered practitioner, which that organisation shall supply, and having considered these and any other facts in its possession relating to fraud involving or relating to that practitioner; or c with the Department for any facts considered relevant to past or current investigations or proceedings involving or related to the emergency registered practitioner which the Department shall supply, and having considered these and any other facts in its possession involving or related to the practitioner. 4 The RBSO or the Department must, in response to a request from the Regional Board, supply to it any information they consider relevant for the consideration by the Regional Board of the question in paragraph 3(b) or, as the case may be, (c). . 5 In regulation 13 of the principal Regulations (Appeal to the Department) after paragraph (1A) insert— 1B Paragraph (1C) applies instead of paragraphs (1) and (1A) in respect of the decisions of the Regional Board— a to refuse to include a medical practitioner’s name in its primary medical services performers list where that practitioner has applied to be included on the list in accordance with regulation 6B(1); or b remove an emergency registered practitioner’s name from its primary medical services performers list. 1C No appeal lies in respect of a decision referred to in paragraph (1B). . Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 15th November 2010 Christine Jendoubi A senior officer of the Department of Health, Social Services and Public Safety Sealed with the Official Seal of the Department of Finance and Personnel on 15th November 2010 Jack Layberry A senior officer of the Department of Finance and Personnel