National Health Service (Service Committees and Tribunal) Amendment Regulations 1993

JurisdictionUK Non-devolved
CitationSI 1993/2972

1993No. 2972

NATIONAL HEALTH SERVICE, ENGLAND AND

WALES

The National Health Service (Service Committees and

Tribunal) Amendment Regulations 1993

1stDecember1993

9thDecember1993

1stJanuary1994

The Secretary of State for Health, in exercise of powers conferred on her by the provisions set out in column (1) of the Schedule to this instrument (as amended in particular by the provisions set out in column (2) of that Schedule), and of all other powers enabling her in that behalf, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunals and Inquiries Act 1992 ( a), hereby makes the following Regulations:-

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1993 and shall come into force on 1st January 1994.

(2) In these Regulations, "the principal Regulations" means the National Health Service (Service Committees and Tribunal) Regulations 1992 ( b).

Amendment of regulation 9 of the principal Regulations

2.-(1) Regulation 9 of the principal Regulations is amended as follows.

(2) In paragraph (1)-

(a) for "the report" there is substituted "a report";(b) for "paragraph 7" in both places where it occurs there is substituted "paragraph 7(1)"; and(c) in sub-paragraph (c)(i), for "identified to him by the chairman of the appropriate committee pursuant to paragraph 3(3) of Schedule 4" there is substituted "specified pursuant to paragraph 3(3) (whether or not as modified by paragraph 3(3A)) of Schedule 4 or, where that paragraph does not apply, sent to the practitioner pursuant to paragraph 3(1) of that Schedule".

(3) After paragraph (2) there is inserted-

"(2A) The FHSA, after due consideration of a report presented to it by the appropriate committee pursuant to sub-paragraph (1A) of paragraph 7 of Schedule 4, shall-

(a) if it agrees with the committee's view as mentioned in that sub-paragraph, determine that no further action should be taken in relation to the report; or(b) if it does not agree with the committee's view as mentioned in that sub-paragraph, specify every provision of the terms of service with which it considers that the practitioner may have failed to comply.

(a) 1992 c. 53.

(b) S.I. 1992/664.

(2B) In a case falling within paragraph (2A)(b)-

(a) the investigation shall continue in accordance with paragraphs 3 to 10 of Schedule 4 as if the FHSA had been notified of the relevant terms of service under paragraph 1(7) of that Schedule by the chairman of the appropriate committee; and(b) paragraphs 3 to 10 of Schedule 4 shall accordingly have effect with appropriate modifications and, in particular, references in paragraphs 3(3) and 4(1)(b)(i) of that Schedule to the chairman shall be construed as references to the FHSA.".

Amendment of regulation 10 of the principal Regulations

3.-(1) Regulation 10 of the principal Regulations is amended as follows.

(2) In paragraph (1), after sub-paragraph (a) there is inserted-

"(aa) by a complainant, against a determination of an FHSA under regulation 9(2A)(a) which is adverse to him;".

(3) After paragraph (3) there is inserted-

"(3A) Subject to paragraph (6), on an appeal to which paragraph (1)(aa) applies, the Secretary of State shall determine-

(a) in a case falling within paragraph 1(6A) of Schedule 4, whether there are reasonable grounds for believing that the practitioner has failed to comply with his terms...

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