Family Health Services Appeal Authority (Procedure) Rules 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/3750 |
| Year | 2001 |
2001 No. 3750
NATIONAL HEALTH SERVICE, ENGLAND
The Family Health Services Appeal Authority (Procedure) Rules 2001
Made 22th November 2001
Laid before Parliament 23th November 2001
Coming into force 14th December 2001
The Lord Chancellor, in exercise of the powers conferred upon him by section 126(4) of and Schedule 9A to the National Health Service Act 19771and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 19922hereby makes the following Rules:
PART I
GENERAL
Citation, commencement and extent
1.—(1) These Rules may be cited as the Family Health Services Appeal Authority (Procedure) Rules 2001 and shall come into force on 14th December 2001.
(2) These Rules extend to England only.
Interpretation
2.—(1) In these Rules, unless the context otherwise requires—
“the 1977 Act” means the National Health Service Act 19773;
“allocation to a panel” shall be construed in accordance with rule 31;
“applicant” and “application” shall be construed in accordance with paragraph (2);
“appellant” means a person who makes an appeal to the FHSAA against a disputed decision;
“appropriate professional registration body” means the General Medical Council, the General Dental Council, the General Optical Council or the Royal Pharmaceutical Society of Great Britain, as the case may be;
“Chairman” means the chairman of a panel to which a case has, or to which particular proceedings in a case have, been allocated;
“contingent removal decision” means a decision by the FHSAA under section 49M(4) of the 1977 Act4that a practitioner be removed contingently from a Health Authority list;
“decision” (except in the expression “disputed decision”) means any decision of a panel except where the context otherwise provides;
“directions” shall be construed in accordance with rules 31 to 33;
“disputed decision” means the decision of a Health Authority which is the subject of an appeal under section 49M of the 1977 Act or under the relevant FHS regulations;
“the FHSAA” means the Family Health Services Appeal Authority established under section 49S of the 1977 Act5;
“FHS Regulations” means any regulations conferring a right of appeal to the FHSAA under—
(a) section 29B of the 1977 Act6(vacancies for medical practitioners),
(b) section 36 of the 1977 Act (regulations about general dental services),
(c) section 39 of the 1977 Act (regulations about general ophthalmic services),
(d) section 42 of the 1977 Act (regulations about pharmaceutical services),
(e) section 43 of the 1977 Act (persons authorised to provide pharmaceutical services),
(f) section 43ZA of the 1977 Act7(conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists),
(g) section 43D of the 1977 Act8(supplementary lists relating to the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services),
(h) section 28DA of the 1977 Act9(lists of persons who may perform personal medical services or personal dental services), or
(i) section 8ZA of the National Health Service (Primary Care) Act 199710(services lists: lists of persons who may perform personal medical services or personal dental services);
“an FHS regulations appeal” means an appeal made under FHS regulations against a disputed decision;
“hearing” means a sitting of a panel for the purpose of enabling the panel in question to reach or announce a decision;
“member” means a member of the FHSAA other than the President or any Deputy President;
“notice of appeal” shall be construed in accordance with rule 6;
“notice of application” shall be construed in accordance with rule 16;
“party” means an appellant, or a respondent Health Authority under Part II or, an applicant or a respondent under Part III, as the case may be, and “parties” shall be construed accordingly;
“the President” means the President of the FHSAA and includes any Deputy President;
“professional registration number” means the number against a person’s name in the register of the appropriate professional registration body;
“the register” means any register kept by the FHSAA in which details concerning appeals, applications, replies and decisions are kept;
“reply” shall be construed in accordance with rule 12 or rule 23, as the case may be;
“representative” means a person, other than Counsel, whom a party instructs to assist him in relation to an appeal or an application (as the case may be), whether or not that person is legally qualified;
“respondent” (except in the expression “respondent Health Authority”) means the respondent to an application;
“respondent Health Authority” means the Health Authority which made a disputed decision.
(2) In these Rules, except where the context otherwise requires—
(a)
(a) “applicant” means—
(i) a Health Authority which makes an application to the FHSAA for an order that a suspension be extended in accordance with section 49I(6)(b) of the 1977 Act,
(ii) a Health Authority which makes an application to the FHSAA under section 49N(4) of the 1977 Act for a national disqualification to be imposed on a practitioner, or
(iii) a Health Authority which makes, or a practitioner who makes an application under section 49M(5)(a) of the 1977 Act following a decision of the FHSAA that the practitioner be removed contingently,
as the case may be;
(b)
(b) “application”, except in the expression “application for directions” shall be construed accordingly; and
(c)
(c) in Part III to Part V in relation to a Health Authority, the words “he”, “his” or “himself” shall, where relevant be construed as applying to that Authority.
(3) In these Rules, unless the context otherwise requires, a reference—
(a)
(a) to a numbered Part is to the Part bearing that number;
(b)
(b) to a numbered rule is to the rule bearing that number; and
(c)
(c) to a numbered paragraph in a rule is to the paragraph bearing that number in that rule.
Carrying out of President’s functions by Deputy President
3. Any functions of the President under these Rules may be carried out by any Deputy President.
Appeals and applications
4. In these Rules, Part II applies only to appeals and Part III applies only to applications.
PART II
APPEALS TO THE FHSAA
(A)
MAKING AN APPEAL TO THE FHSAA
Time period in which an FHS regulations appeal must be made
5. An appellant who makes an FHS regulations appeal must do so within the period of 28 days beginning with the date on which the Health Authority gave him notice of the disputed decision.
Notice of appeal
6.—(1) An appellant shall make his appeal to the FHSAA by giving notice of appeal in writing in accordance with the following paragraphs.
(2) The notice of appeal shall state—
(a)
(a) the name and address of the appellant,
(b)
(b) his professional registration number where applicable,
(c)
(c) that the notice is a notice of appeal,
(d)
(d) the date of the disputed decision against which the appeal is brought,
(e)
(e) the full name and address of the Health Authority which gave the disputed decision,
(f)
(f) a concise statement of the grounds of the appeal,
(g)
(g) the name and address of his representative (if any) and whether the FHSAA should correspond with that representative concerning the appeal instead of with the appellant.
(3) The appellant shall attach to his notice of appeal a copy of the disputed decision together with two copies of any documents on which he proposes to rely for the purposes of his appeal.
(4) The appellant or his representative shall sign the notice of appeal.
(5) The appellant must send or deliver his notice of appeal to the FHSAA.
Amendment of appeal and delivery of supplementary grounds of appeal
7.—(1) The appellant may, at any time before he is notified of the date of the hearing of his appeal, amend his notice of appeal, deliver a supplementary statement of grounds of appeal or send to the FHSAA any other documents on which he proposes to rely.
(2) The appellant may amend any notice of appeal or supplementary statement, with the leave of the panel to which the case has been allocated, at any time after he has been notified of the date of the hearing of the appeal, or at the hearing itself and the panel may grant such leave on such terms as it thinks fit.
(3) The appellant shall send a copy of every amendment and supplementary statement to the FHSAA.
Application by appellant for directions
8. The appellant may apply in writing to the FHSAA for directions to be given as to any matter relating to the hearing of his appeal.
Withdrawal of appeal
9. The appellant may—
(a) at any time before the hearing of the appeal withdraw his appeal by sending to the FHSAA a notice stating he withdraws his appeal, signed by him or by his representative;
(b) at the hearing of the appeal, with the leave of the panel, withdraw his appeal.
Notice of hearing to appellant
10.—(1) The FHSAA shall serve on the appellant a notice informing him of the time and place of any oral hearing which is to be held.
(2) Such notice shall include guidance regarding the rules of evidence and procedure which apply to the hearing.
(3) When the appellant receives the notice of the time and place of hearing, he shall inform the FHSAA whether or not he intends to attend or be represented at the hearing and whether or not he intends to call any witnesses and where he does intend to call witnesses he shall provide their names and addresses to the FHSAA.
(4) If the appellant does not intend to attend or be represented at the hearing, he may send to the FHSAA additional written...
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