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| | 22B | Grounds for refusal and deferral under the Coronavirus Act 2020 |
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| | (1) | This regulation applies where a person who is registered in the GP |
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| | Register by virtue of section 18A of the Medical Act 1983 has made |
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| | an application to a Local Health Board for inclusion in its medical |
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| | (2) | But this regulation does not affect a Local Health Board’s functions |
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| | under regulations 6, 7 and 24 in relation to the refusal or deferral of an |
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| | application by such a person. |
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| | (3) | A Local Health Board may refuse the person’s application for |
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| | inclusion in its medical performers list if— |
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| | (a) | the Local Health Board has received an allegation (in any |
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| | (i) | professional misconduct of the person, or |
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| | (ii) | the person’s involvement in a matter which the person |
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| | would be under a duty to disclose under regulation |
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| | (b) | the nature of the allegation is such that, were the person |
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| | already included in its list, the Local Health Board would be |
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| | satisfied that it would be necessary for the protection of |
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| | members of the public, or otherwise in the public interest, to |
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| | suspend the person from its list under regulation 13 while it |
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| | decided whether to remove them from its list. |
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| | (4) | A Local Health Board may defer determination of the person’s |
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| | application for inclusion in its medical performers list if— |
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| | (a) | the person has declared any matter specified in regulation 9(1) |
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| | (b) | the Local Health Board is satisfied that it is necessary for the |
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| | protection of members of the public, or otherwise in the public |
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| | interest, to complete its consideration of the person’s |
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| | application before the person is permitted to perform primary |
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| | (5) | Unless paragraph (6) applies, a person whose application is refused by |
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| | a Local Health Board under paragraph (3) may not reapply for |
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| | inclusion in the medical performers list of any Local Health Board. |
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| | (6) | This paragraph applies where a person subsequently becomes |
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| | registered in the GP Register as a fully registered person, within the |
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| | meaning given by section 55(1) of the Medical Act 1983, otherwise |
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| | than by virtue of section 18A of that Act. |
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| | (7) | A Local Health Board must notify an applicant in writing of a |
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| | determination made under this regulation, and the reasons for it, |
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| | within 7 days of making the determination. |
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| | (8) | An applicant may not appeal any determination made by a Local |
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| | Health Board under this regulation.” |
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| | (3) | Regulation 15 (appeals) has effect as if before paragraph (1) there were |
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| | “(A1) | This regulation does not apply where a person’s application for |
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| | inclusion in a medical performers list is refused under regulation |
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| | Modification of General Medical Services Contracts Regulations 2004 |
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| | 18 (1) | The National Health Service (General Medical Services Contracts) (Wales) |
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| | Regulations 2004 (S.I. 2004/478 (W. 48)) have effect subject to the following |
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| | (2) | In paragraph 52 of Schedule 6 (contractual terms: qualifications of |
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| | performers), after sub-paragraph (2) insert— |
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| | “(2A) | Sub-paragraph (1)(a) does not apply in the case of a person who is |
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| | performing primary medical services by virtue of regulation 22A of |
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| | the National Health Service (Primary Medical Services Performers |
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| | Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).” |
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| | (3) | In paragraph 56 of Schedule 6 (contractual terms: conditions for employment |
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| | and engagement), after sub-paragraph (4) insert— |
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| | “(4A) | This paragraph does not apply in the case of a person who is |
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| | performing primary medical services by virtue of regulation 22A of |
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| | the National Health Service (Primary Medical Services Performers |
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| | Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).” |
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| | (4) | In paragraph 58 of Schedule 6 (contractual terms: conditions for employment |
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| | and engagement), after sub-paragraph (3) insert— |
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| | “(4) | This paragraph does not apply in the case of a person who is |
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| | performing primary medical services by virtue of regulation 22A of |
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| | the National Health Service (Primary Medical Services Performers |
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| | Lists) (Wales) Regulations 2004 (S.I. 2004/1020 (W. 117)).” |
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| | 19 (1) | The Welsh Ministers may by regulations made by statutory instrument modify |
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| | (2) | A statutory instrument containing regulations under sub-paragraph (1) is |
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| | subject to annulment in pursuance of a resolution of the National Assembly for |
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| | Member’s explanatory statement
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| | This new Schedule enables temporarily registered GPs to perform primary medical services in |
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| | Wales in certain circumstances despite not being on the performers list of a Local Health Board. |
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| | It makes similar provision for Wales to that made by Schedule 2 to the Bill for Scotland. |
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| To move the following Schedule— |
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| | measures in relation to immigration and asylum |
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| | rules in relation to no recourse to public funds |
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| | 20 | The Secretary of State must consult the Chief Medical Officer or any of the |
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| | Deputy Chief Medical Officers of the Department of Health and Social Care |
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| | on the impact of no recourse to public funds rules on preventing, protecting |
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| | against, controlling or providing a public health response to the incidence or |
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| | spread of infection or contamination. |
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| | 21 | The Secretary of State must, by regulation, make such amendments to no |
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| | recourse to public funds rules as considered necessary in light of the |
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| | consultation referred to in paragraph 1. |
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| | 22 | In this schedule, “no recourse to public funds rules” includes any provision |
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| | prohibiting access to public funds or other forms of publicly financed support |
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| | by those who require leave to enter or remain in the United Kingdom, |
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| | including, but not limited to, section 115 of the Immigration Act 1999. |
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| | 23 | The Secretary of State must consult the Chief Medical Officer or any of the |
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| | Deputy Chief Medical Officers of the Department of Health and Social Care |
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| | on the impact of immigration detention on preventing, protecting against, |
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| | controlling or providing a public health response to the incidence or spread of |
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| | infection or contamination. |
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| | 24 (1) | Within seven days of the date on which this Act is passed, the Secretary of |
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| | State must review the list of countries to which imminent removal of |
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| | immigration detainees is possible. |
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| | (2) | In light of that review, the Secretary of State must make arrangements to end |
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| | the detention of any individual who cannot be removed imminently, consistent |
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| | with preventing, protecting against, controlling and providing a public health |
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| | response to the incidence or spread of infection or contamination. |
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| | 25 (1) | The Secretary of State must consult the Chief Medical Officer or any of the |
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| | Deputy Chief Medical Officers of the Department of Health and Social Care |
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| | on the impact of asylum processes on preventing, protecting against, |
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| | controlling or providing a public health response to the incidence or spread of |
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| | infection or contamination. |
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| | (2) | The matters to be consulted on under sub-paragraph (1) include, but are not |
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| | (a) | requirements for individuals to report or attend interviews as part of |
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| | (b) | the nature and extent of asylum accommodation and rules in relation |
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| | to eviction from asylum accommodation; |
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| | (c) | the nature and extent of financial support for asylum seekers; |
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| | (d) | the nature and extent of financial support for local authorities in |
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| | extension of leave to remain |
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| | 26 | 7. The Secretary of State must make provision, by statement of changes to the |
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| | immigration rules, to allow for leave to remain for individuals whose previous |
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| | leave expires during the period in which this Act is in force, or whose leave |
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| | expired in the 14 days prior to the date on which this Act is passed. |
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| | Member’s explanatory statement
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| | This new schedule contains temporary changes to immigration and asylum laws and procedures |
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