JUDITH R CRISP CHAIR
DR S SHARMA PROFESSIONAL MEMBER
MRS I DALE MEMBER
GMC No. 2463810
DECISIONS AND REASONS
The Panel requested that the Hearing deal with the preliminary issue as to whether Dr Kumar was in fact already included on the Medical List of Bolton PCT and automatically transferred to the Performers List as at 1st April 2004.
1. The Panel heard oral evidence from Dr Kumar and Mary Turner from the PCT.
2. It was accepted during the course of evidence that Dr Kumar was admitted to Bolton PCT’s Medical List in May 2003. The PCT requested that Dr Kumar make an application to join their supplementary list believing that she was required to do so. That application was subsequently refused. Mary Turner accepted in evidence that she was unaware of the NHS (Performers List) Regulations 2004.
3. Mr Sharples, on behalf of the PCT, in submission conceded that the Regulations had not been fully appreciated and that Dr Kumar’s name should have been automatically transferred to the Performers List. He offered apologies from the PCT to Dr Kumar and said it was an innocent omission.
1. Under Paragraph 2 Schedule 1 of the NHS (Performers List) Regulations 2004 any Medical Practitioner whose name immediately before 1st April 2004 was included on the Medical List should be automatically included on the Medical Performers List
1. The Panel accept that Dr Kumar was included on the Medical List and it therefore follows that Dr Kumar is included on Bolton PCT’s Primary Medical Performers List.
2. As such the Panel grant the Appeal and declare that Dr Kumar’s name should be formally included on Bolton PCT’s Primary Medical Performers List.
Either party to these proceedings has the right to appeal this decision under and by virtue of Sec.II Tribunals and Inquiries Act 1992.
DATED this…………day of………………2005