Office of Public Sector Information

PART 3 Amendment of the Performers Lists Regulations

Amendment of regulation 4A of the Performers Lists Regulations

5.  In regulation 4A(8)(b) (which relates to application for inclusion in a performers list by a performer already listed on a performers list of a primary care organisation), for “2 months” substitute “3 months”.

Amendment of regulation 13 of the Performers Lists Regulations

6.  In regulation 13 of the Performers Lists Regulations (suspension)—

(a) at the beginning of paragraph (9), insert “Except as provided in paragraph (9A),”, and

(b) after paragraph (9) insert—

“(9A) For the purpose of an application by a performer who is suspended under these Regulations to be included in another performers list, he or she is to be treated as still included in the list from which he or she is suspended, notwithstanding that suspension.”.

Amendment of regulation 22 of the Performers Lists Regulations

7.  In regulation 22 of the Performers Lists Regulations—

(a) in paragraph (1), for “(2) and (3), substitute “(2) to (3)”;

(b) after paragraph (2) insert the following—

“(2A) A medical practitioner who falls within paragraph (2B) may perform primary medical services in the area of a Local Health Board, but only in so far as the performance of those services constitutes part of a programme of post-registration supervised clinical practice approved by the Board (“a post-registration programme”).

(2B) A medical practitioner falls within this paragraph if he or she—

(a) is not a GP Registrar;

(b) is undertaking a post-registration programme;

(c) has notified the Local 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 taking place in the Local Health Board’s area; and

(d) has, with that notification, provided the Local Health Board with evidence sufficient for it to satisfy itself that he or she is undergoing a post-registration programme.”; and

(c) in paragraph (3)(b) “2 months”, substitute “3 months”.

Amendment of regulation 23A of the Performers Lists Regulations

8.  In regulation 23A(4)(b) (which relates to application for inclusion in a medical performers list by a general practitioner already listed on a medical performers list of a primary care organisation), for “2 months” substitute “3 months”.

Amendment of regulation 29 of the Performers Lists Regulations

9.  In regulation 29(2) (which relates to the dental performers list), for “two months” substitute “three months”.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to certain Regulations relating to primary medical services and to Regulations that require performers of primary medical or dental services are included in a performers list maintained by a Local Health Board.

Part 2 of these Regulations amends the National Health Service (General Medical Services Contracts) (Wales) Regulations 2004 (“the GMS Contracts Regulations”). In particular, it:

(a) makes amendments to references to “incapable adults”, and to those who may act on their behalf, to reflect the terms used in and the provisions of the Mental Capacity Act 2005;

(b) makes amendments to the provisions relating to the contractor’s clinical governance system to provide that such systems must include standard operating procedures in relation to the management and use of controlled drugs; and

(c) makes minor changes to the restrictions on those who are eligible to contract to provide primary medical services and to the provisions relating to the service of remedial and breach notices.

Part 3 of these Regulations amends the National Health Service (Performers Lists) (Wales) Regulations 2004 (“the Performers Lists Regulations”). In particular:

• regulations 4A, 22, 23A and 29 of the Performers Lists Regulations are amended to extend the period that a performer may provide primary medical or dental services without being on a performers list from two to three months.

• regulation 13 of the Performers Lists Regulations is amended to make it clear that a performer who is suspended from a list is still treated as being included in that list in relation to any application that the performer may make for inclusion in another list; and

• regulation 22 of the Performers Lists Regulations is amended so as to permit a doctor who is undertaking the post-registration part of the foundation programme for newly qualified doctors, to perform primary medical services without being a general practitioner or on a list, but only in so far as the performance of primary medical services constitutes part of that programme.