The National Health Service (Performers Lists) (England) (Amendment) (No. 2) Regulations 2023
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Change 1
5 Consideration of applications
In regulation 5 (consideration of applications) of the 2013 Regulations— (a) in paragraph (1)(b) before “check” insert “if the Practitioner is not a returning practitioner,”; (b) for paragraph (1)(c) substitute— (c) if the Practitioner is not a returning practitioner, check with the NHSLA whether it holds any information set out in paragraph (1A) relating to the Practitioner, which information the NHSLA must supply; ; (c) in paragraph (1)(d) after “the Practitioner” insert “, where the Practitioner is required to name referees”; (d) after paragraph (1) insert— (1A) The information referred to in paragraph (1)(c) is— (a) any information received by the NHSLA following a notification by the Board under regulation 18(1) (notification); (b) any finding made by the NHSLA about the standard of practice or professional conduct of the relevant Practitioner, other than a finding that relates only to a compensation claim; and (c) any information held by NHSLA relating to a Health Professional Alert Notice that has been issued in respect of the relevant Practitioner and has not been revoked. ; (e) after paragraph (4) insert— (5) In paragraph (1A)(c) a “Health Professional Alert Notice” means a notice issued in accordance with the National Health Service Litigation Authority Directions 2013 stating that a named individual poses a significant risk of harm to patients, staff or the public and is likely to seek work in the NHS. .
5 Consideration of applications
In regulation 5 (consideration of applications) of the 2013 Regulations— (a) in paragraph (1)(b) before “check” insert “if the Practitioner is not a returning practitioner,”; (b) for paragraph (1)(c) substitute— (c) if the Practitioner is not a returning practitioner, check with the NHSLA whether it holds any information set out in paragraph (1A) relating to the Practitioner, which information the NHSLA must supply; ; (c) in paragraph (1)(d) after “the Practitioner” insert “, where the Practitioner is required to name referees”; (d) after paragraph (1) insert— (1A) The information referred to in paragraph (1)(c) is— (a) any information received by the NHSLA following a notification by the Board under regulation 18(1) (notification); (b) any finding made by the NHSLA about the standard of practice or professional conduct of the relevant Practitioner, other than a finding that relates only to a compensation claim; and (c) any information held by NHSLA relating to a Health Professional Alert Notice that has been issued in respect of the relevant Practitioner and has not been revoked. ; (e) after paragraph (4) insert— (5) In paragraph (1A)(c) a “Health Professional Alert Notice” means a notice issued in accordance with the National Health Service Litigation Authority Directions 2013 stating that a named individual poses a significant risk of harm to patients, staff or the public and is likely to seek work in the NHS. .
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