National Health Service (Service Committees and Tribunal) Regulations 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/455 |
| Year | 1974 |
1974 No. 455
NATIONAL HEALTH SERVICE, ENGLAND AND WALES
The National Health Service (Service Committees and Tribunal) Regulations 197415thMarch 1974
29thMarch 1974
1stApril 1974
ARRANGEMENT OF REGULATIONS
PART I
GENERAL
Regulation
1. Citation and commencement.
2. Interpretation.
PART II
PROVISIONS RELATING TO INVESTIGATIONS, DISPUTES, APPEALS, ETC.
3. Constitution of service committees.
4. Time limits for complaining and notice of complaint.
5. Late complaints.
6. Investigations by service committees.
7. Representation at hearing.
8. Hearings in private.
9. Procedure of service committees.
10. Decision of Committee.
11. Appeal to Secretary of State from decision of Committee.
12. Procedure on appeal.
13. Denture conciliation committees.
14. Procedure on withholding money.
15. Procedure in dental prior approval cases.
16. Investigation of excessive prescribing by doctors.
17. Investigation of certification.
18. Investigation of record keeping.
19. Decision as to treatment for which fees may be charged by doctors.
20. Determination of question whether a substance was a drug, and recovery of cost.
21. Appeals from Dental Estimates Board.
22. Investigation of excessive dental treatment.
23. Investigation of excessive prescribing of optical appliances.
24. Power of Local Medical, Pharmaceutical, Dental and Optical Committees to consider complaints.
PART III
INQUIRIES RELATING TO PRACTITIONERS, CHEMISTS AND OPTICIANS
25. Interpretation and forms.
26. Tenure of office.
27. Officers of Tribunal.
28. Representation and preliminary statement.
29. Power to refuse inquiry.
30. Notices to be sent in case of inquiry.
31. Right of respondent to admit or deny allegations.
32. Amendment of statement of complaint.
33. Right of respondent to inspect documents.
34. Notice of inquiry to be given.
35. Power to postpone inquiry.
36. Power to treat representation as withdrawn in certain cases.
37. Withdrawal of representation.
38. Proceedings in camera.
39. Procedure at inquiry.
40. Appearance by representative.
41. Evidence.
42. Provisions of Local Government Act, 1972, to apply.
43. Procedure in regard to applications for reinstatement on list.
44. Power to suspend proceedings in certain cases.
45. Power to dispense with oral inquiry.
46. Report by Tribunal.
47. Appeal to Secretary of State.
48. Procedure on appeal from Tribunal.
49. Publication of decisions of Tribunal, etc.
PART IV
MISCELLANEOUS
50. Service of notices, etc.
51. Power to dispense with requirements as to notices.
52. Power of Secretary of State to make fresh appointments.
53. Power of Secretary of State to extend time for appeals.
54. Attendance by member of Council on Tribunals.
PART V
REVOCATION
55. Revocation of regulations.
SCHEDULES
SCHEDULE 1—Rules of procedure under regulation 9.
SCHEDULE 2—Rules of procedure under regulation 19.
SCHEDULE 3—Forms for use in proceedings before Tribunal.
The Secretary of State for Social Services in exercise of powers conferred by sections 32(2), 33, 38, 40, 41, 42(2), 42(7) and 74 of, and paragraph 6 of Schedule 7 to, the National Health Service Act 1946(a), (as amended by section 29(1) of, and Part I of the Schedule to, the National Health Service (Amendment) Act 1949(b), sections 17(1) and 26 of the Health Services and Public Health Act 1968(c) and section 57(1) of, and Schedule 4 to, the National Health Service Reorganisation Act 1973(d)) and now vested in her(e), and in exercise of her powers under sections 6(4), 7(3) and 7(4) of, and paragraphs 5, 12 and 16 of Schedule 1 to, the National Health Service Reorganisation Act 1973, and of all other powers enabling her in that behalf and after consultation with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971(f) hereby makes the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the National Health Service (Service Committees and Tribunal) Regulations, 1974, and shall come into operation on 1st of April 1974.
Interpretation
2.—(1) In these regulations, unless the context otherwise requires, the following expressions have the respective meanings hereby assigned to them:—
"the Act" means the National Health Service Act, 1946;
"Administrator" means the officer appointed by an Area Health Authority, by which a Family Practitioner Committee is established, to act as Secretary to that Committee;
"chemist" means a registered pharmaceutical chemist who provides pharmaceutical services, or an authorised seller of poisons within the meaning of the Pharmacy and Poisons Act, 1933(g) who provides such services;
"Committee" means the Family Practitioner Committee constituted for any area;
"dental officer" means a dentist in the service of the Department of Health and Social Security, or of the Welsh Office, as the case may be;
"dentist" means a registered dental practitioner;
"doctor" means a fully registered medical practitioner;
"drugs" includes medicines and such chemical reagents as are for the time being listed for the purposes of section 38 of the Act;
"General Dental Regulations" means the National Health Service (General Dental Services) Regulations, 1973(h), as amended(i);
(a) 1946 c. 81.
(b) 1949 c. 93.
(c) 1968 c. 46.
(d) 1973 c. 32.
(e) S.I. 1968/1699 (1968 III, p. 4585).
(f) 1971 c. 62.
(g) 1933 c. 25.
(h) S.I. 1973/1468 (1973 II, p. 4445).
(i) S.I. 1974/53 (1974 I, p. 193).
"General Service Regulations" means the National Health Service (General Medical and Pharmaceutical Services) Regulations, 1974(a);
"medical officer" means a doctor in the service of the Department of Health and Social Security, or the Welsh Office, as the case may be;
"ophthalmic medical practitioner" means a doctor having the qualifications prescribed by regulation 3 of the Ophthalmic Services Regulations;
"Ophthalmic Services Regulations" means the National Health Service (General Ophthalmic Services) Regulations, 1974(b);
"optician" means an ophthalmic optician or a dispensing optician as the context may require;
"practitioner" means a doctor, dentist or ophthalmic medical practitioner as the context may require;
"salaried dentist" means a dentist who is remunerated in accordance with Determination IV of the Statement of Dental Remuneration;
"service committee" means a medical, pharmaceutical, dental or ophthalmic service committee or a joint services committee, as the context may require;
"the Statement of Dental Remuneration" means the determinations made by the Secretary of State pursuant to regulation 23 of the General Dental Regulations;
"the terms of service" means the terms of service for doctors contained in Part I of Schedule 1 to the General Service Regulations, the terms of service for chemists contained in Part I of Schedule 4 to the General Service Regulations, the terms of service for dentists contained in Parts I and II of Schedule 1 to the General Dental Regulations, and the terms of service for ophthalmic medical practitioners, ophthalmic opticians and dispensing opticians contained in Schedule 1 to the Ophthalmic Services Regulations, as the case may be;
"treatment" in relation to general medical services has the same meaning as in the General Service Regulations and in relation to general dental services has the same meaning as in the General Dental Regulations;
"the Tribunal" means the Tribunal constituted under Section 42 of the Act.
(2) These regulations shall apply to a person, firm or body corporate (other than a chemist or a practitioner) providing pharmaceutical services, as they apply to a chemist.
(3) Unless the context otherwise requires, references in these regulations to any enactment shall be construed as references to that enactment as amended by any subsequent enactment.
(4) References in any other regulations to the regulations revoked by these regulations or to any provision thereof shall be construed as references to these regulations or to the corresponding provision thereof, as the case may be.
(5) The rules for the construction of Acts of Parliament contained in the Interpretation Act, 1889(c) shall apply for the purposes of the interpretation of these regulations as they apply for the purposes of the interpretation of an Act of Parliament.
(6) Unless the context otherwise requires, any reference in these regulations to a numbered regulation or schedule is a reference to the regulation or schedule, as the case may be, bearing that number in these regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
(a) S.I. 1974/160 (1974 I, p. 490).
(b) S.I. 1974/287 (1974 I, p. 994).
(c) 1889 c. 63.
PART II
PROVISIONS RELATING TO INVESTIGATIONS, DISPUTES, APPEALS, ETC.
Constitution of service committees
3.—(1) Every Committee shall establish a medical service committee, a pharmaceutical service committee, a dental service committee, an ophthalmic service committee and a joint services committee, and may, with the consent of the Secretary of State, establish two or more medical service committees, pharmaceutical service committees, dental service committees and ophthalmic service committees.
(2)(a) The medical service committee shall consist of a chairman and six other persons of whom three shall be appointed by and from the lay members of the Committee and three shall be appointed by the Local Medical Committee.
(b) The pharmaceutical service committee shall consist of a chairman and six other persons of whom three shall be appointed by and from the lay members of the Committee and three shall be appointed by the Local Pharmaceutical Committee.
(c) The dental service committee shall consist of a chairman and six other persons of whom three shall be appointed by and from the lay members of the Committee and three shall be appointed by the Local Dental Committee.
(d) The ophthalmic service committee shall consist of a chairman and ten other persons of whom four shall be...
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