The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/101 |
2016 No. 101 (W. 49)
National Health Service, Wales
The National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2016
Made 28th January 2016
Laid before the National Assembly for Walest 2nd February 2016
Coming into force 1st March 2016
The Welsh Ministers, in exercise of the powers conferred by sections 49 and 203(9) and (10) of the National Health Service (Wales) Act 20061, make the following Regulations:
Title, commencement, application and interpretation
1.—(1) The title of these Regulations is the National Health Service (Performers Lists) (Wales) (Amendment) Regulations 2016.
(2) These Regulations come into force on 1 March 2016, and apply in relation to Wales.
(3) In these Regulations “the principal Regulations” means the National Health Service (Performers Lists) (Wales) Regulations 20042.
Amendment of regulation 2 of the principal Regulations
2. In regulation 2(1), after the definition of “fraud case”, insert —
““indemnity arrangement” means an arrangement which may comprise—
(a) a policy of insurance;
(b) an arrangement made for the purposes of indemnifying a person; or
(c) a combination of a policy insurance and an arrangement made for the purposes of indemnifying a person;”.
Amendment of regulation 4 of the principal Regulations
3.—(1) Regulation 4 of the principal Regulations is amended as follows.
(2) For regulation 4(1), substitute —
“1 An application by a performer for inclusion in a performers list must be made by sending the Local Health Board an application in writing, including the information and documentation required by this regulation, and—
(a) in relation to application for inclusion in the medical performers list, satisfy the requirements of regulation 23; and
(b) in relation to an application for inclusion in the dental performers list, satisfy the requirements of regulation 30.”.
(3) At the end of regulation 4(2)(i), omit “and”.
(4) At the end of regulation 4(2)(j), for “.”, substitute “; and”.
(5) After regulation 4(2)(j), insert—
“(k)
“(k) evidence that the performer has in force an appropriate indemnity arrangement which provides the performer with cover in respect of liabilities that may be incurred in carrying out the performer’s services.”.
(6) For regulation 4(3)(f), substitute —
“(f)
“(f) an enhanced criminal record certificate under section 113B of the Police Act 1997 which includes suitability information relating to children and suitability information relating to vulnerable adults under sections 113BA and 113BB of that Act respectively;”.
(7) At the end of regulation 4(3)(g), for “.”, substitute “; and”.
(8) After regulation 4(3)(g), insert—
“(h)
“(h) an undertaking to maintain an appropriate indemnity arrangement which provides cover in respect of liabilities that may be incurred in carrying out work as a performer at all times and to provide evidence of such an indemnity arrangement to the Local Health Board on request”.
(9) For regulation 4(4)(g), substitute—
“(g)
“(g) is currently the subject of any proceedings which might lead to a conviction in the United Kingdom or elsewhere which have not been notified to the Local Health Board;”.
Amendment of regulation 4A of the principal Regulations
4.—(1) Regulation 4A of the principal Regulations is amended as follows.
(2) For regulation 4A(1), substitute—
“1 An application by a performer already included in a performers list held by a primary care organisation shall be made by sending the Local Health Board an application in writing, which must include the information, undertakings, consents and documentation required by this regulation, and—
(a) in relation to application for inclusion in the medical performers list, satisfy the requirements of regulation 23A; and
(b) in relation to an application for inclusion in the dental performers list, satisfy the requirements of regulation 30A.”.
(3) For regulation 4A(2), substitute —
“2 The performer shall provide the information as required by paragraphs (2)(a), (b), (c), (d), (g), (h), (i), (j) and (k) of regulation 4.”.
(4) For regulation 4A(3), substitute —
“3 The performer shall provide the information and undertakings as required by paragraphs (3)(a), (b), (c), (d), (e) and (h) of regulation 4.”.
(5) For regulation 4A(4), substitute —
“4 The performer shall provide an enhanced criminal record certificate as required by paragraph (3)(f) of regulation 4 unless:
(a) the performer is registered with the Disclosure and Barring Service Update Service and has provided all necessary authority and information to allow the Local Health Board to view the performer’s online Disclosure and Barring Service certificate status at any time, and an undertaking that if the Local Health Board’s Disclosure and Barring Service status check indicates that the performer’s enhanced criminal record certificate is no longer current, that the performer will provide the Local Health Board with a new enhanced criminal record certificate under section 113B of the Police Act 1997; or
(b) the performer has provided a certificate to the primary care organisation with which he or she is listed which is dated within three years immediately preceding the date upon which the performer makes the application under this regulation to the Local Health Board, in which case the performer shall provide the Local Health Board with a certified copy or give all necessary authority to enable the Local Health Board to make a request to the primary care organisation to obtain a certified copy of the certificate.”.
(6) In regulation 4A(5)(b), for “Local Health Board”, substitute “primary care organisation”.
(7) For regulation 4A(8), substitute —
“8 Upon receipt of a performer’s application made in accordance with this regulation, a Local Health Board will consider the application and notify the performer of their decision as to whether:
(a) the performer is provisionally included in its performers list (with or without conditions);
(b) the decision on the application is deferred until the Local Health Board has received and considered all the information required under this regulation; or
(c) the performer is refused admission to its performers list.”.
(8) After regulation 4A(8), insert—
“8A A performer who is provisionally included on a Local Health Board performer list pursuant to regulation 4A may perform primary services...
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