NATIONAL HEALTH SERVICE Citation and commencement 1 1 These Regulations may be cited as the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004 and shall come into force on 1st April 2004. Interpretation 2 In these Regulations– “ the Act ” means the National Health Service (Scotland) Act 1978; ... “ the 2002 Order ” means the Medical Act 1983 (Amendment) Order 2002 ; ... ... “ the 2004 Act ” means the Primary Medical Services (Scotland) Act 2004 ; “ the 2007 Act ” means the Protection of Vulnerable Groups (Scotland) Act 2007; “ the Agency ” means the Common Services Agency for the Scottish Health Service constituted under section 10 (Common Services Agency) of the Act; “ appliance ” means an appliance which is included in a list for the time being approved by the Scottish Ministers for the purposes of section 27(1) of the Act; “ approved medical practice ” has the meaning indicated in section 11(4) of the Medical Act 1983 ; “ area medical committee ” means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board; “ area pharmaceutical committee ” means the committee of that name recognised under section 9 of the Act (local consultative committees) in the area of the Health Board; “ armed forces GP ” means a medical practitioner who— is employed under a contract of service by the Ministry of Defence whether or not as a member of the armed forces of the Crown; and is entered on the GP Register; “ barred from regulated roles ” means barred from regulated roles with children or adults within the meaning of section 92(1) or (2) (individuals barred from regulated roles) of the 2007 Act, “ both registers ” means the register of medical practitioners and the GP Register; “ CCT ” means Certificate of Completion of Training awarded under section 34L(1) of the Medical Act 1983 ...; ... “ conditional disqualification ” has the meaning indicated in section 29C(1) of the Act and includes a decision under provisions in force in England, Wales or Northern Ireland corresponding to a conditional disqualification, and “ conditionally disqualified ” shall be construed accordingly; “ condition for disqualification ” means– the first condition for disqualification set out in section 29(6) of the Act; the second condition for disqualification set out in section 29(7) of the Act; or the third condition for disqualification set out in section 29(7A) of the Act; “ considered for listing ” means considered for listing by the Scottish Ministers in the children’s list or adults’ list or in both lists in pursuance of section 10, 11, 12 or 13 (consideration whether to list) of the 2007 Act; “ corresponding decision ” has the same meaning as in section 32D of the Act; “ Disclosure Act ” means the Disclosure (Scotland) Act 2020, ... ... “ disqualification ” means ... disqualification by the Tribunal, (or a decision under provisions in force in England, Wales or Northern Ireland corresponding to local or national disqualification), but does not include conditional disqualification, and “ disqualified ” shall be construed accordingly; “ EEA State ” means a member State, Norway, Iceland or Lichtenstein; “ equivalent body ” means, in England, NHS England or, in relation to any time prior to 1st April 2013, a Primary Care Trust, in Wales, a Local Health Board or, in Northern Ireland, a Health and Social Services Board; “ equivalent list ” means a list kept by an equivalent body; ... “ Fitness to Practise Panel ” means a panel constituted pursuant to paragraph 19E of Schedule 1 to the Medical Act 1983 ; “ fraud ” means matters which it is the function of the Agency to prevent, detect or investigate by virtue of article 2 (functions of the Agency) of the National Health Service (Functions of the Common Services Agency) (Scotland) Order 2008 ; “ General Medical Services Contracts Regulations ” means the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 ; “ GP Register ” means the register kept by virtue of section 34C of the Medical Act 1983; “ GP Registrar ” means a medical practitioner who is being trained in general practice by a GP Trainer, whether as part of training leading to a CCT or otherwise; “ GP Trainer ” means a general medical practitioner, other than a GP Registrar, who is approved by the General Medical Council for the purposes of providing training to a GP Registrar; “ general medical practitioner ” means a GP Registrar or a medical practitioner whose name is included in the GP Register; “ health case ” has the meaning ascribed to it by section 35E(4) of the Medical Act 1983 ; “ Level 2 disclosure application ” means an application under section 11 of the Disclosure Act, “ licensing or regulatory body ” means a body that licenses or regulates any profession of which the general medical practitioner is, or has been a member, including a body regulating or licensing the education, training or qualifications of that profession, and includes any body which licenses or regulates any such profession, its education, training or qualifications, outside the United Kingdom; “ list ” has, unless the context otherwise requires, the same meaning as in section 29(8) of the Act; “ medical practitioner ” means a registered medical practitioner, and includes for the purposes of these Regulations, a person provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) , section 21 (provisional registration of EEA nationals etc. with certain overseas qualifications) or section 21C (provisional registration of persons with an overseas qualification) of the Medical Act 1983 ...; ... “ NHS Education for Scotland ” means the body of the same name constituted under the NHS Education for Scotland Order 2002; “ partnership ” includes a limited liability partnership; “ performer ” means a person included in a primary medical services performers list; “ pharmacist ” means– a registered pharmacist within the meaning of the Medicines Act 1968 who provides pharmaceutical services; a person lawfully conducting a retail pharmacy business in accordance with section 69 (general provisions) of that Act who provides such services; or a supplier of appliances, who is included in the list of a Health Board under section 27 (arrangements for provision of pharmaceutical services) of the Act ; ... “ post-registration programme ” means a programme of post-registration supervised clinical practice; “ primary medical services performers list ” means a list of medical practitioners prepared pursuant to regulation 4(1); “ professional conduct ” includes matters relating both to professional conduct and professional performance; “ Professional Conduct Committee ” means the Professional Conduct Committee of the General Medical Council referred to in section 1(3) of the Medical Act; “ professional registration number ” means the number against the medical practitioner’s name in the register of medical practitioners kept by the General Medical Council; “ provider of primary medical services ” means a general medical practitioner, who, in addition to performing primary medical services, provides (including by virtue of being a partner in or member of a partnership or company which so provides) primary medical services in accordance with arrangements under section 2C(2) (functions of Health Boards: primary medical services), an agreement under section 17C (personal medical or dental services) or a general medical services contract under section 17J (Health Board’s power to enter into general medical services contracts) of the Act ; “ PVG Scheme Level 2 disclosure ” means a Level 2 disclosure (within the meaning given in section 8 of the Disclosure Act) to which section 17 of the Disclosure Act applies, “ register of medical practitioners ” has the meaning given to it by section 2(2) of the Medical Act 1983 ; “ relevant Health Board ” means a Health Board on whose primary medical services performers list a performer is already included, or a Health Board which an applicant has specified by virtue of regulation 6(2); “ relevant service in the armed forces ” means whole time service in the armed forces of the Crown in a national emergency, as a volunteer or otherwise, or a compulsory whole-time service in those forces, including any service resulting from any reserve liability, or any equivalent service by a person liable for compulsory whole-time service in those forces; “ scheme member ” means a member of the Scheme, established by section 44 (the Scheme) of the 2007 Act, in relation to both— a regulated role with children as defined in section 91(2) (regulated roles) of the 2007 Act ; and a regulated role with adults, as defined in section 91(3) of the 2007 Act; ... “ Section 17C Agreements Regulations ” means the National Health Service (Primary Medical Services Section 17C Agreement) (Scotland) Regulations 2018 ; “ suspended by a Health Board ” means suspended by a Health Board in terms of regulation 8A; “ suspended by direction of the Tribunal ” means suspended as respects the performance of primary medical services by a direction of the Tribunal made pursuant to section 32A(2) (applications for interim suspension) or section 32B(1) (suspension pending appeal) of the Act or suspended under any provisions in force in England, Wales or Northern Ireland corresponding (whether or not exactly) to those provisions; ... “ Tribunal ” means the NHS Tribunal constituted in accordance with section 29 of, and Schedule 8 to, the Act; ... “ vocational training scheme ” means postgraduate medical education and training necessary for the award of a CCT in general practice; “ writing ” includes, except in regulation 6(1), transmission by electronic means and “ written ” shall be construed accordingly. Primary Medical Services Performers 3 1 Subject to the provisions of any order made by the Scottish Ministers under section 7 of the 2004 Act (ancillary provisions) and subject to paragraphs (2) to (3) , a health care professional who is a medical practitioner may not perform any primary medical service which a Health Board is, under section 2C(1) of the Act , under a duty to provide or secure the provision of unless that medical practitioner is included in a primary medical services performers list maintained by that Health Board. 2 A medical practitioner, who is provisionally registered under section 15 (provisional registration), 15A (provisional registration for EEA nationals) or 21 (provisional registration) of the Medical Act 1983 may perform primary medical services despite not being included in the primary medical services performers list of any Health Board, where those services are performed in the course of the practitioner’s employment in a resident medical capacity in an approved medical practice. 2A A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Health Board, despite not being included in the primary medical services performers list of that Health Board, but only in so far as the performance of those services constitutes part of a post registration programme approved by the General Medical Council . 2B A medical practitioner falls within this paragraph if the medical practitioner– a is not a GP Registrar; b is undertaking a post registration programme; c has notified the Health Board that he or she will be undertaking part or all of a post registration programme in its area at least 24 hours before commencing any part of that programme; and d has, with that notification, provided the Health Board with evidence sufficient for it to satisfy itself that the medical practitioner is undergoing a post registration programme. 3 A GP Registrar, who has applied in accordance with these Regulations to a Health Board to have the GP Registrar’s name included in a primary medical services performers list maintained by that Health Board, may, despite not being included in that list, perform any primary medical service which that Health Board is, under section 2C(1) of the Act, under a duty to provide or secure the provision of, until the first of the following events arises:– a the Board notifies the GP Registrar of the Board’s decision on that application; b the end of a period of 2 months, starting with the date on which the GP Registrar’s vocational training scheme begins. Temporary exception under the Coronavirus Act 2020 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Primary Medical Services Performers Lists 4 1 Each Health Board shall prepare in accordance with these Regulations a primary medical services performers list of medical practitioners who may perform primary medical services for which that Health Board is, under section 2C(1) of the Act, under a duty to provide or secure the provision of. 2 A primary medical services performers list shall contain in respect of each performer included in the list the following information:– a the full name and professional registration number of the performer; b provided that the performer consents to its inclusion, the date of birth, or, if there is no consent, the date of first full registration as a medical practitioner (whether pursuant to the Medical Act 1983 or otherwise), of the performer; c if the performer is also a provider of primary medical services, that the performer is one; d if the performer is a GP Registrar, that the performer is one; and e if the performer is an armed forces GP, that the performer is one. Publication of primary medical services performers lists 5 1 A Health Board shall publish and make available for inspection, at such places as appear to it convenient for informing all persons interested within the Health Board’s area, copies of the primary medical services performers list and shall keep them up to date. 2 A Health Board shall send a copy of the primary medical services performers list to– a the Scottish Ministers; b the area medical committee; c the area pharmaceutical committee; and d all pharmacists providing pharmaceutical services in the Health Board’s area, at intervals of not more than 3 months. Application for inclusion in the primary medical services performers list and notification of changes 6 1 An application by a person for inclusion in a primary medical services performers list shall be made in writing and shall include the information, declarations, undertakings, consents, Level 2 disclosure application and PVG Scheme Level 2 disclosure specified in Schedule 1. 2 An application may specify other Health Boards on whose primary medical services performers list the applicant wishes to be included. 3 Before determining an application a Health Board shall— a check so far as practicable, the information provided by the applicant and any documents which the applicant is required to produce in terms of these Regulations; b seek and examine references from the referees that the applicant has provided in accordance with paragraph 1(g) of Schedule 1; c ask the Agency whether the applicant has any record of fraud, or is currently, or at any time has been, the subject of any investigation by the Agency, which information the Agency shall supply unless it would prejudice any criminal proceedings or the prevention, detection or investigation of fraud; d obtain a PVG Scheme Level 2 disclosure ; and e notify any other Health Board which the applicant has specified in the application for the purposes of paragraph (2). 4 If a Health Board considers that further information to that provided by the applicant in accordance with paragraph (1) is necessary to determine the application, the Health Board shall require the applicant to provide it. 5 Where the Health Board considers that there may be grounds for referral to the Tribunal, then the Health Board may refer the matter to the Tribunal. 6 Notwithstanding paragraphs (3) and (4), where an applicant is already included on another Health Board’s primary medical services performers list, the Health Board to whom the application has been made may include that applicant in its primary medical services performers list without further enquiry. 7 An applicant shall notify the Health Board in writing if there is a change to any of the information which that applicant has provided as soon as possible. Decisions and grounds for refusal and deferral 7 1 A Health Board shall refuse to include the name of an applicant in its primary medical services performers list if– a the applicant is not a general medical practitioner; b the applicant is – i the subject of a direction given by the Professional Conduct Committee under section 36 (professional misconduct and criminal offences) of the Medical Act 1983 ; ii the subject of an order made by the Professional Conduct Committee under section 38(1) (power to order immediate suspension after a finding of professional misconduct or unfitness to practice) of that Act ; iii from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), 10(a) or (b), or (12)(a) or (b) (functions of a Fitness to Practise Panel), or section 38(1) (power to order immediate suspension etc) of that Act ; or iv from the coming into force of article 14 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel suspending him pursuant to rules made under paragraph 5A(3) of Schedule 4 of that Act ; c the applicant has been convicted in the United Kingdom of murder; d the applicant has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over 6 months; e having contacted referees provided by the applicant, the Health Board is not satisfied with the references (if any) provided by the referees; ... f the Health Board is not satisfied that the applicant has the knowledge of English which, in the interests of the applicant and of patients who may receive primary medical services from the applicant, is necessary for performing primary medical services ; or g the applicant is not a scheme member. 2 Paragraph (1) is without prejudice to any duty on a Health Board not to– a enter an applicant in a primary medical service performers list by virtue of that applicant being disqualified under section 29B(2), 30(2) or (5) ... of the Act ; b enter an applicant in a primary medical services performers list by virtue of that applicant being suspended under section 32A, or 32B ... of the Act ; or c add the applicant to a primary medical services performers list by virtue of regulation 26 (practitioners subject to inquiry) of the National Health Service (Tribunal) (Scotland) Regulations 2004 . 3 When a Health Board has decided whether or not to include an applicant in its primary medical services performers list, the Health Board shall notify the applicant and any relevant Health Board within 7 days of that decision of – a that decision; and b if the Health Board has decided not to include the applicant, the reasons for that (including any facts upon which the Health Board has relied) and of the right of appeal under regulation 13 against that decision. 3A When a Health Board includes an applicant in its primary medical services performers list, any other Health Board which that applicant has specified by virtue of regulation 6(2) may include the applicant in its primary medical services performers list without further enquiry. 4 Without prejudice to the Health Board’s power under section 29 of the Act (the NHS Tribunal) to make representations to the Tribunal that an applicant meets a condition for disqualification, a Health Board shall defer determination of an application for inclusion in a primary medical services performers list where– a the applicant is the subject of criminal proceedings in the United Kingdom or elsewhere in the world, conviction in respect of which would be likely to lead to refusal to include in, or removal from, a primary medical services performers list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets a condition for disqualification; b the applicant is the subject of an investigation or proceedings relating to the applicant’s professional conduct by any licensing or regulatory body (including one by the Agency or another Health Board or equivalent body) in the United Kingdom or elsewhere in the world, the outcome of which would be likely to lead to refusal to include in, or removal from, a primary medical services performers list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets a condition for disqualification; ... c the applicant is the subject of other proceedings in the United Kingdom which would be likely to result in the applicant being disqualified, removed or suspended from an equivalent list or would be likely to lead the Tribunal (if representations were made to it) to be of the opinion that the applicant meets a condition for disqualification ; d the applicant is suspended by a Health Board, or is suspended from an equivalent list by an equivalent body; or e the applicant is being considered for listing and the Health Board is satisfied that it is necessary for the protection of members of the public that the application is deferred, and the Health Board shall notify the applicant and any relevant Health Board of the deferral and the reasons for the deferral in writing. 5 A Health Board shall defer a determination under paragraph (4) only until the outcome of the relevant event is known. 5A On the expiry of section 4 of the Coronavirus Act 2020, paragraphs (6A) and (7A) shall apply to any application the determination of which was deferred under regulation 7B(4) (grounds for refusal and deferral under the Coronavirus Act 2020). 6 Once the outcome of the relevant event is known, the Health Board shall require the applicant to confirm that the applicant wishes to proceed with the application and provide details of any changes to the application, and any information included in the application, within 28 days (or such longer period as the Health Board specifies). 6A As soon as is reasonably practicable after the expiry of section 4 of the Coronavirus Act 2020, the Health Board shall require an applicant whose application was deferred under regulation 7B(4) to confirm that the applicant wishes to proceed with the application and to provide details of any changes to the application, and any information included in the application, within 28 days (or such longer period as the Health Board specifies). 7 On the expiry of the period of 28 days (or such longer period as the Health Board has specified) referred to in paragraph (6), the Health Board shall again consider the application and notify the applicant and any relevant Health Board of its determination and the reasons for it (including any facts relied on) and, where the Health Board refuses the application for inclusion, of the applicant’s right of appeal under regulation 13. 7A On the expiry of the period referred to in paragraph (6A), the Health Board shall again consider the application and notify the applicant and any relevant Health Board of its determination and the reasons for it (including any facts relied on), and where the Health Board refuses the application for inclusion, of the applicant’s right to appeal under regulation 13 (appeal to the Scottish Ministers). 8 In this regulation “ the outcome of the relevant event ” means the final determination of any proceedings (including proceedings pending the determination of which the applicant is suspended) or investigation referred to in paragraph (4)(a) to (e) . Effect to be given to corresponding decisions in England, Wales and Northern Ireland 7A 1 A Health Board shall not include the name of any person in its primary medical services performers list, and shall remove the name of any person from its primary medical services performers list, if any decision has been made in England, Wales or Northern Ireland to deal with that person in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under section 29B(2), 30(2) or (5) or 32B(1) of the Act, for so long as that decision is in force. 2 Where any corresponding decision is made in England, Wales or Northern Ireland by an equivalent body that– a a person is to be included in an equivalent list subject to conditions; or b a person is to be removed from an equivalent list contingent on conditions; or c a person is to be disqualified from an equivalent list subject to conditions; or d any conditions so imposed are varied, a Health Board shall impose those conditions in relation to the performance, by that person of primary medical services in the area of the Health Board. 3 The Health Board may make such modifications of the conditions referred to in paragraph (2) as it considers necessary for them to have the like effect in relation to Scotland as they do in relation to England, Wales or (as the case may be) Northern Ireland, but only if the Health Board has previously given the person concerned written notice of the proposed modifications and an opportunity to make representations about them. Grounds for refusal and deferral under the Coronavirus Act 2020 7B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Requirements with which a medical practitioner included in a primary medical services' performers list must comply 8 1 A performer included in a primary medical services performers list shall– a exercise a reasonable standard of professional and clinical judgement, behaviour, skill, knowledge and care towards patients who receive primary medical services from the performer, and in the prescribing or dispensing of any drugs, medicines or appliances to them; and b comply with the undertakings specified in paragraph 3 of Schedule 1 and any other requirement of these Regulations. 2 A performer included in a primary medical services performers list shall comply with the undertakings specified in paragraph 3 of Schedule 1 whether or not those undertakings were included in an application by the performer under regulation 6. Suspension 8A 1 If a Health Board is satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest, it may suspend a medical practitioner from its primary medical services performers list in accordance with this regulation— a while it considers whether to remove that person from its primary medical services performers list under regulation 9 or 10; b while it waits for a decision affecting that person of a court anywhere in the world, or of a licensing or regulatory body; c while it considers whether to refer that person to the Tribunal ; d while it awaits a finding by the Tribunal or other equivalent body; e where it has decided to remove that person from its primary medical services performers list but before that decision takes effect; f while it awaits a decision on any appeal under regulation 13(1)(b); g while that person is being considered for listing. 2 In paragraph (1)(b), “decision” means the final determination of the relevant proceedings, after any appeal or other review procedure has been exhausted. 3 In a case falling within paragraph (1)(a) or (c), the Health Board must specify a period, not exceeding six months, as the period of suspension, and such period may be extended so long as the aggregate period of suspension does not exceed six months. 4 In a case falling within paragraph (1)(b), the Health Board may specify that the medical practitioner remains suspended after the decision referred to in that paragraph has been made for an additional period, not exceeding six months and such period may be extended, so long as the aggregate additional period of suspension does not exceed six months. 5 If the Health Board suspends a medical practitioner in a case falling within paragraph (1)(e) the suspension has effect from the date the Board informs that person of the suspension. 6 A medical practitioner who is suspended by a Health Board is to be treated as not being included in the primary medical services performers list during the period of suspension. 7 The Health Board may at any time revoke the suspension and notify the medical practitioner of its decision. 8 Except for a case falling within paragraph (1)(e), where a Health Board is considering suspending a medical practitioner or varying the period of suspension under this regulation, it shall give the medical practitioner— a notice of any allegation against that person; b notice of what action it is considering and on what grounds; and c the opportunity to attend a hearing before the Health Board, on a specified day, provided that at least 24 hours’ notice of the hearing is given. 9 If the medical practitioner does not wish to have a hearing or does not attend the hearing without a reasonable excuse, the Health Board may suspend that person with immediate effect. 10 The Health Board may suspend the medical practitioner with immediate effect following the hearing. 11 The Health Board shall notify the medical practitioner of its decision and the reasons for it within 7 days of making that decision. Removal from primary medical services performers lists 9 1 In addition to any duty on a Health Board under the Act not to continue to include a performer by virtue of that performer’s disqualification or to remove the performer by virtue of the performer being suspended by direction of the Tribunal , where a Health Board determines that a performer who has been included in a primary medical services performers list– a has died; b is no longer a general medical practitioner; c is– i the subject of a direction given by the Professional Conduct Committee under section 36 (professional misconduct and criminal offences) of the Medical Act 1983; ii the subject of an order made by the Professional Conduct Committee under section 38(1) (power to order immediate suspension after a finding of professional misconduct or unfitness to practice)of that Act; iii from the coming into force of article 13 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel for erasure or immediate suspension under section 35D(2)(a) or (b), (5)(a) or (b), 10(a) or (b), or (12)(a) or (b) (functions of a Fitness to Practise Panel), or 38(1) (power to order immediate suspension etc) of that Act; or iv from the coming into force of article 14 of the 2002 Order, the subject of a direction by a Fitness to Practise Panel suspending him pursuant to rules made under paragraph 5A(3) of Schedule 4 to that Act; d has been convicted in the United Kingdom of murder; ... e has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over 6 months ; f is barred from regulated roles ; or g is no longer a scheme member, the Health Board shall remove the performer from the primary medical services performers list with effect from the date of its determination or, in the circumstances mentioned in sub paragraph (c) above, the date on which the direction or order takes effect, if that date is later than the date of the Board’s determination, and shall notify the performer as soon as practicable of the removal and the reasons for the removal in writing. 2 Paragraph (1) is without prejudice to any duty on a Health Board to– a remove a performer from a primary medical service performers list by virtue of that performer being disqualified under section 29B(2), 30(2) or (5) ... of the Act; or b remove a performer from a primary medical services performers list by virtue of that applicant being suspended under section 32A, or 32B ... of the Act. Removal from the primary medical services performers list of medical practitioners not performing primary medical services 10 1 Where a Health Board has determined, in accordance with the provisions of this regulation, that a performer who is included in the primary medical services performers list has not, for the preceding 12 months, performed primary medical services which that Health Board is, under section 2C(1) of the Act , under a duty to provide or secure the provision of, the Health Board may remove the performer from the primary medical services performers list, unless the Scottish Ministers direct to the contrary in accordance with regulation 13(11). 2 In calculating the period of 12 months referred to in paragraph (1) the Health Board shall disregard any period during which the performer– a was not included in the primary medical services performers list; b was suspended by direction of the Tribunal or was suspended by a Health Board ; c was suspended– i before the coming into force of article 13 of the 2002 Order by a committee of the General Medical Council pursuant to section 37 or 41A of the Medical Act 1983 ; ii after the coming into force of that article, by a Fitness to Practise Panel pursuant to section 41A(1)(a) of that Act ; or iii after the coming into force of that article, in a health case; d was an armed forces GP or performing a period of relevant service in the armed forces. 3 Before making any determination under paragraph (1) the Health Board shall– a send the performer notice in writing of its intention to remove the performer from the primary medical services performers list and the reasons for that intention; b give the performer the opportunity to make written representations to the Health Board within 30 days of the date of the notification under sub-paragraph (a); and c give the performer the opportunity to make oral representations, if the medical practitioner so requests, within 30 days of the date of notification under sub-paragraph (a). 4 If the performer requests the opportunity to make oral representations pursuant to paragraph (3)(c), the Health Board shall appoint a committee, of which at least one-third of the members shall be general medical practitioners, to consider those representations and make a recommendation to the Health Board. 5 If there are no representations within 30 days of the date of notification under paragraph (3)(a) the Health Board shall inform the performer in writing of– a its determination and the reasons for it (including any facts relied upon); and b any right of appeal under regulation 13, within 7 days of making that determination, and where the Health Board has determined that the performer is to be removed from the primary medical services performers list it shall give the performer 30 days' notice in writing of the date on which the performer will be removed. 6 Where there are representations by the performer pursuant to paragraph (3)(b) or (c) the Health Board shall take those representations or any recommendation made by the committee appointed in accordance with paragraph (4) into account before reaching its decision, and shall then notify the performer in writing of– a its determination and the reasons for it (including any facts relied upon); and b any right of appeal under regulation 13 (appeal to the Scottish Ministers), within 7 days of making that determination, and where the Health Board has determined that the performer is to be removed from the primary medical services performer’s list it shall give the performer 30 days' notice in writing of the date on which the performer will be removed. 7 Where a performer has appealed to the Scottish Ministers, in accordance with regulation 13, within 21 days of the date on which notice of the determination of the Health Board was given to the performer and the decision on any such appeal is pending, a Health Board shall not remove, by reason of the determination against which appeal has been lodged, that performer from the primary medical services performers list. 8 No determination under this regulation shall be made in respect of any performer who has completed a period of relevant service in the armed forces until 12 months after the date when the performer completed that period of relevant service in the armed forces. Re-inclusion in a primary medical service performers list 11 Where a person’s name has been removed from a primary medical services performers list on grounds of conviction of a criminal offence and either– a that conviction is overturned on appeal; or b the sentence is reduced on appeal to 6 months or less imprisonment, the Health Board may include that person in the primary medical services performers list without an application being made in accordance with regulation 6 if the Health Board is satisfied that there is no further information which it should consider, and provided that the Health Board receives undertakings from the person to comply with these Regulations. Amendment or withdrawal from primary medical services performers lists 12 1 A performer shall, unless it is impracticable to do so, give notice in writing to the Health Board within 7 days from the date of any occurrence requiring a change in the information recorded on a primary medical services performers list. 2 A performer shall, unless it is impracticable to do so, give notice in writing to the Health Board at least 90 days in advance of any date on which the performer intends to withdraw from the primary medical services performers list. 3 The Health Board shall, on receiving notice ...– a pursuant to paragraph (1) as soon as practicable so amend the primary medical services performers list; b pursuant to paragraph (2) so amend the primary medical services performers list, either– i on the date which falls 90 days after the date the notice was received, or, if later, the date on which the performer has indicated in the notice the performer intends to withdraw; or ii on the date from which the Health Board has agreed with the performer that the withdrawal shall take effect, whichever is the earlier. 4 Any notice given pursuant to paragraph (2) may not be withdrawn by the performer except with the consent of the Health Board. 5 Where, in relation to a performer representations are made to the Tribunal under section 29 of the Act (the NHS Tribunal), or a request for a review has been made to the Tribunal or a review is to be made by the Tribunal under section 30 of the Act (review etc. of disqualification), that performer shall not, except with the consent of the Scottish Ministers and subject to such conditions as they may impose, be entitled to withdraw from the list until the proceedings on such representations, request for review or review have been determined. Appeal to the Scottish Ministers 13 1 A person may appeal– a on a point of law to the Scottish Ministers where the person’s application for inclusion in a primary medical services performers list is refused under regulation 7; b for a re-determination by the Scottish Ministers of a determination of a Health Board to remove the person from the primary medical services performers list pursuant to regulation 10(1). 2 A person may appeal by sending a notice of appeal to the Scottish Ministers, a copy of which shall be sent at the same time to the Health Board, within 21 days, or within such longer period as the Scottish Ministers for reasonable cause allow, of the date on which notice of the determination of the Health Board was given to the person. 3 A notice of appeal shall contain– a in the case of an appeal referred to in paragraph (1)(a) a concise statement of the point or points of law in respect of which the person contends that the decision of the Health Board is erroneous; b in the case of an appeal referred to in paragraph (1)(b) the facts and contentions on which the person seeks to rely. 4 If it appears to the Scottish Ministers that an appeal referred to in paragraph (1)(a) is of such a nature that it can properly be determined without a hearing, they may determine the appeal summarily without a hearing and shall give their decision in writing, with reasons for that decision, and send it to the appellant and the Health Board. 5 If the Scottish Ministers are of the opinion that a hearing is required, or in relation to any appeal referred to in paragraph (1)(b), they shall appoint– a a person who is an advocate, a solicitor or a solicitor-advocate; and b where they see fit, one or more other persons, to hear the appeal. 6 A hearing may take place at such time and place as the Scottish Ministers may direct and notice of the hearing shall be sent by post to the appellant and the Health Board not less than 14 days before the date fixed for the hearing. 7 The appellant may attend and be heard in person or by counsel or solicitor or other representative and the Health Board may be represented at the hearing by any duly authorised official or by counsel or solicitor. 8 Subject to the provisions of this regulation, the procedure at the hearing shall be such as the person or persons hearing the appeal may determine. 9 The person or persons hearing the appeal shall report thereon to the Scottish Ministers, stating the relevant facts and conclusions, and the Scottish Ministers after taking such report into consideration shall give their decision in writing, with reasons for that decision and send it to the appellant and the Health Board. 10 Where, on allowing an appeal referred to in paragraph (1)(a), the Scottish Ministers remit an application to the Board for reconsideration– a they shall give to the Health Board such directions as appear to them to be desirable with a view to ensuring the proper determination of the matter in accordance with the relevant law; and b the Health Board shall re-determine the application and in so doing shall comply with any such directions given by the Scottish Ministers. 11 Where the Scottish Ministers allow an appeal referred to in paragraph (1)(b) they shall direct the Health Board not to remove the performer from the primary medical services performers list by reason of the determination appealed against, or, where the person has been removed, direct the Health Board to re-include the person in the primary medical services performers list, and not to remove the person by reason of the determination appealed against. Disclosure of information 14 1 Where a Health Board decides to– a refuse to admit a person to the Board’s primary medical services performers list on the grounds specified in regulation 7(1); b remove a performer from that list under regulation 9 or 10 ; c suspend a performer from that list, or end a suspension under regulation 8A; the Health Board shall notify the persons or bodies specified in paragraph (2) within 7 days of that decision, and shall additionally notify those persons or bodies specified in paragraph (3), if requested to do so by those persons or bodies in writing, of the matters set out in paragraph (4). 2 The persons or bodies to be notified within 7 days in accordance with paragraph (1) are– a the Scottish Ministers; b any other Health Board or equivalent body that, to the knowledge of the notifying Board– i has the person on any list or equivalent list, ii is considering an application for inclusion in any list or equivalent list by that person; or iii is investigating an allegation against that person; c the Secretary of State; d the National Assembly for Wales; e the Northern Ireland Executive; f the General Medical Council or any other appropriate regulatory body; g ... the Agency ; h NHS Education for Scotland. 3 The persons or bodies to be additionally notified in accordance with paragraph (1) are– a persons or bodies that can establish that they are or were employing that person, using or used that person’s services or considering employing that person or using that person’s services in a professional capacity; b a partnership which provides primary medical services which can establish that the person is or was a member of the partnership or that it is considering inviting the person to become such a member; c a corporate body which provides primary medical services which can establish that ... the person is or was– i a member; ii a legal and beneficial shareholder; iii a director or secretary; or iv one of the body of persons with control, of that corporate body, or that the corporate body was considering inviting the person to become such a person. 4 The matters referred to in paragraph (1) are– a the person’s name, address and date of birth; b the person’s professional registration number; c the date of and a copy of the Health Board’s decision; and d a contact name of a person in the Health Board for further enquiries. 5 The Health Board shall send to the person concerned a copy of any information about that person provided to the persons or bodies listed in paragraph (2) or (3), and any correspondence with that person or body relating to that information. 6 Where the Health Board has notified any of the persons or bodies specified in paragraph (2) or (3) of the matters set out in paragraph (4), it may, in addition, if requested by that person or body, notify that person or body of any evidence that was considered, including any representations from the performer. 7 Where a decision is changed on appeal the Health Board shall notify the persons or bodies that were notified of the original decision of the later decision. 8 A Health Board may disclose information about a performer supplied to it or acquired by it pursuant to these Regulations, or about references by the Health Board to the Tribunal to any of the following persons or bodies:– a the Scottish Ministers; b any other Health Board or equivalent body, which– i has the person to whom the information relates on any list or equivalent list; ii is considering an application from such a person for inclusion in any list or equivalent list; iii is investigating an allegation against that person; c the Secretary of State; d the National Assembly for Wales; e the Northern Ireland Executive; f the General Medical Council or any other licensing or regulatory body; g ... the Agency; h persons or bodies that can establish that they are or were employing that person, using or used that person’s services or considering employing that person or using that person’s services in a professional capacity; i a partnership which provides primary medical services which can establish that the person is or was a member of the partnership or that it is considering inviting the person to become such a member; ... j a corporate body which provides primary medical services which can establish that ... the person is or was– i a member; ii a legal and beneficial shareholder; iii a director or secretary; or iv one of the body of persons with control, of that corporate body, or that the corporate body was considering inviting the person to become such a person ; and k NHS Education for Scotland. Payments to suspended medical practitioners 15 1 A Health Board shall make payments to any performer who is suspended by a Health Board or suspended by direction of the Tribunal , in accordance with any determination by the Scottish Ministers. 2 Any determination under paragraph (1) shall be made in accordance with paragraph (3) after consultation with such persons as the Scottish Ministers consider appropriate. 3 Any determination under paragraph (1)– a shall, determine any sum payable by reference to remuneration which the performer might have received during the period the performer was suspended; and b may also determine any sum payable by reference to any other payment received or which might have been received by the performer. 4 Any determination under paragraph (1) may be amended from time to time by the Scottish Ministers after consultation with such persons as they consider appropriate. 5 If a payment is made pursuant to a determination under paragraph (1), but the payee was not entitled to receive all or any part of that payment, the amount overpaid shall be recoverable as a debt by any lawful means. 6 If a performer is dissatisfied with a decision of a Health Board (“the original decision”)— a pursuant to a determination under paragraph (1); or b in respect of recovery of what the Health Board considers to be an overpayment, that performer may ask the Health Board to review the original decision, and the Health Board shall reconsider that decision and notify the performer in writing of the outcome of that reconsideration (“the reconsidered decision”). 7 If the performer remains dissatisfied, that performer may appeal to the Scottish Ministers by giving them a notice of appeal within 28 days beginning on the day that the Health Board notified the performer of the reconsidered decision. 8 The notice of appeal must include— a the names and addresses of the parties to the disputed decision; b a copy of the reconsidered decision; and c a statement of the grounds for appeal. 9 The Scottish Ministers must thereafter send a written request to the parties to make, in writing and within a specified period, any representations about the matter. 10 Once the period specified pursuant to paragraph (9) has elapsed, the Scottish Ministers must— a give a copy of any representations received from a party to any other party; and b request within a specified period any written observations which that party wishes to make on those representations. 11 The Scottish Ministers may determine the appeal themselves or, if they consider it appropriate appoint another person or panel (referred to as “the panel”) to consider and determine the appeal. 12 Once the period specified pursuant to paragraph (10)(b) has elapsed, the Scottish Ministers or the panel, must, as soon as is reasonably practicable, determine the appeal, and give notice of the determination to both parties. Revocations 16 Subject to the provisions of any order made by the Scottish Ministers under section 7 of the 2004 Act (ancillary provisions), the Regulations specified in column (1) of Schedule 2 are hereby revoked to the extent specified in column (3) of that Schedule. MALCOLM CHISHOLM A member of the Scottish Executive St Andrew’s House, Edinburgh