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The National Health Service (Discipline Committees) (Scotland) Regulations 2006

Type Scottish-Statutory-Instrument
Publication 2006-06-07
Last updated 2023-11-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Regulation 8(4) enables a discipline committee to take into consideration any other determination made in the six years prior to the referral under regulation 5(1) that the practitioner had failed to comply with terms of service.

Regulation 8(5) includes a new requirement that the Health Board must give written notice of its determination no later than 13 weeks after receipt of the discipline committee’s report.

Regulation 11(3)(b) raises the figure above which the Scottish Ministers must consult the appropriate advisory committee before considering the question of recovery of any amount from the practitioner following an appeal from £500 to £1,000.

Regulation 13 replaces the provisions in the 1992 Regulations relating to investigation of excessive testing of sight and/or excessive issuing of vouchers, with provisions relating to the investigation of excessive undertaking of eye examinations, excessive issuing of optical vouchers or excessive prescribing of supplements under general ophthalmic services in accordance with the General Ophthalmic Services Regulations, after 1st April 2006.

Schedule 1, paragraphs 1 and 2, amends the provisions regarding the constitution of discipline committees. Paragraph 1 reduces the membership of a discipline committee, other than a joint discipline committee, to 3, namely the chairperson, one lay person and one practitioner. Paragraph 2 amends the constitution of a joint discipline committee to 6, namely the chairperson and 5 other members, one of whom shall be a lay person, one a doctor, one a dentist, one a pharmacist and one ophthalmic medical practitioner or optician.

In Schedule 2, paragraphs 1 and 6, the provisions in the 1992 Regulations which precluded the Health Board relying on evidence which was prepared for the purpose of the complaint (unless it concerned evidence brought into issue by the practitioner) have been removed.

Footnotes

1

1978 c. 29; section 17P was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1) (“the 2004 Act”), section 5(2); section 25(2) was amended by the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”), section 40(2) and Schedule 9, paragraph 19, the National Health Service (Primary Care) Act 1997 (c. 46) (“the 1997 Act”), Schedule 2, paragraph 43 and Schedule 3, and the Health Act 1999 (c. 8) (“the 1999 Act”), section 56; section 26(2) was substituted by the Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), (“the 2005 Act”), section 19, section 27(2) was substituted by the National Health Service (Amendment) Act 1986 (c. 66), section 3, and amended by the 1990 Act, Schedule 9, paragraph 19; section 105(7) which contains provisions relevant to the making of Regulations, was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and the 1999 Act, Schedule 4, paragraph 60; section 108(1) contains definitions of “prescribed” and “regulations” relevant to the exercise of the statutory powers under which these Regulations are made. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

2

1988 (c. 49) (“the 1988 Act”); section 17 was amended by S.I. 2004/167.

5

Section 10 was amended by the 1990 Act, section 66(2) and Schedule 10; the 1999 Act section 65(1) and Schedule 4, paragraph 44(a); S.S.I. 1999/90, Article 2(a)(b) and Schedule 1, and the 2005 Act, Schedule 2, paragraph 2(a).

6

Section 2C was inserted by the 2004 Act, section 1(2).

7

Section 9 was amended by the 1990 Act, section 29, the 1999 Act, section 65 and Schedule 4, paragraph 43, and the 2004 Act, Schedule 2.

10

Section 2 was amended by the National Health Service Reform (Scotland) Act 2004 (asp 7), Schedule 1, paragraph 1(2).

11

Section 69 was amended by S.I. 1976/1213, and repealed in part by the Statute Law (Repeals) Act 1993 (c. 50), Schedule, Part XII.

12

Section 4 was amended by the 1988 Act, section 12(3) and Schedule 3.

14

Section 17C was inserted by the 1997 Act, section 21(2), and amended by the 2004 Act, section 2(2).

15

Regulation 22 was amended by S.S.I. 2000/352, 2001/368, 2002/99 and 268, 2003/131 and 422 and 2005/95.

16

Section 27A was inserted by the 1997 Act, section 27(2).

17

Section 29 was substituted by the 1999 Act, section 58, amended by the 2004 Act, section 5(3) and the 2005 Act, section 26; Schedule 8 was amended by the 1995 Act, section 12, S.I. 1995/3214; the 1997 Act, section 41(10), and Schedule 2, Part II, paragraph 58; S.I. 1998/631; the 1999 Act, section 653 and Schedule 4, paragraph 64, and by the 2005 Act, Schedule 2, paragraph 2.

18

See the Medical Act 1983 (c. 54), section 1.

19

See the Dentists Act 1984 (c. 24), section 1.

20

See the Opticians Act 1989 (c. 44), section 1.

22

Regulation 20 was inserted by S.S.I. 1999/53 and amended by S.S.I. 2005/118.

Editorial notes

23

Reg. 1 in force at 1.7.2006, see reg. 1(1)

24

Reg. 2 in force at 1.7.2006, see reg. 1(1)

25

Reg. 3 in force at 1.7.2006, see reg. 1(1)

26

Reg. 4 in force at 1.7.2006, see reg. 1(1)

27

Reg. 5 in force at 1.7.2006, see reg. 1(1)

28

Reg. 6 in force at 1.7.2006, see reg. 1(1)

29

Reg. 7 in force at 1.7.2006, see reg. 1(1)

30

Reg. 8 in force at 1.7.2006, see reg. 1(1)

31

Reg. 9 in force at 1.7.2006, see reg. 1(1)

32

Reg. 10 in force at 1.7.2006, see reg. 1(1)

33

Reg. 11 in force at 1.7.2006, see reg. 1(1)

34

Reg. 12 in force at 1.7.2006, see reg. 1(1)

35

Reg. 13 in force at 1.7.2006, see reg. 1(1)

36

Reg. 14 in force at 1.7.2006, see reg. 1(1)

37

Reg. 15 in force at 1.7.2006, see reg. 1(1)

38

Reg. 17 in force at 1.7.2006, see reg. 1(1)

39

Reg. 18 in force at 1.7.2006, see reg. 1(1)

40

Sch. 1 para. 1 in force at 1.7.2006, see reg. 1(1)

41

Sch. 1 para. 2 in force at 1.7.2006, see reg. 1(1)

42

Sch. 1 para. 3 in force at 1.7.2006, see reg. 1(1)

43

Sch. 1 para. 4 in force at 1.7.2006, see reg. 1(1)

44

Sch. 1 para. 5 in force at 1.7.2006, see reg. 1(1)

45

Sch. 1 para. 6 in force at 1.7.2006, see reg. 1(1)

46

Sch. 1 para. 7 in force at 1.7.2006, see reg. 1(1)

47

Sch. 1 para. 8 in force at 1.7.2006, see reg. 1(1)

48

Sch. 2 para. 1 in force at 1.7.2006, see reg. 1(1)

49

Sch. 2 para. 2 in force at 1.7.2006, see reg. 1(1)

50

Sch. 2 para. 3 in force at 1.7.2006, see reg. 1(1)

51

Sch. 2 para. 4 in force at 1.7.2006, see reg. 1(1)

52

Sch. 2 para. 5 in force at 1.7.2006, see reg. 1(1)

53

Sch. 2 para. 6 in force at 1.7.2006, see reg. 1(1)

54

Sch. 2 para. 7 in force at 1.7.2006, see reg. 1(1)

55

Sch. 2 para. 8 in force at 1.7.2006, see reg. 1(1)

56

Sch. 2 para. 9 in force at 1.7.2006, see reg. 1(1)

57

Sch. 3 para. 1 in force at 1.7.2006, see reg. 1(1)

58

Sch. 3 para. 2 in force at 1.7.2006, see reg. 1(1)

59

Sch. 3 para. 3 in force at 1.7.2006, see reg. 1(1)

60

Sch. 3 para. 4 in force at 1.7.2006, see reg. 1(1)

61

Sch. 3 para. 5 in force at 1.7.2006, see reg. 1(1)

62

Sch. 3 para. 6 in force at 1.7.2006, see reg. 1(1)

63

Sch. 3 para. 7 in force at 1.7.2006, see reg. 1(1)

64

Sch. 4 para. 1 in force at 1.7.2006, see reg. 1(1)

65

Sch. 4 para. 2 in force at 1.7.2006, see reg. 1(1)

66

Sch. 4 para. 3 in force at 1.7.2006, see reg. 1(1)

67

Sch. 4 para. 4 in force at 1.7.2006, see reg. 1(1)

68

Sch. 4 para. 5 in force at 1.7.2006, see reg. 1(1)

69

Sch. 4 para. 6 in force at 1.7.2006, see reg. 1(1)

70

Sch. 5 in force at 1.7.2006, see reg. 1(1)

78

S.I. 1996/177 amended by S.I. 1996/841 and 2060, 1998/1663 and 2259, 1999/724 and 2005/2011 and by S.S.I. 1999/51, 2000/188, 352, 394, 2001/57, 368, 2002/99, 192, 268, 2003/131, 422, 2004/37, 292, 2005/95, 2006/137, 321, 2007/191, 422 2009/96, 183 and 2010/33, and to be revoked by S.S.I. 2010/208 on 2nd July 2010.

Attendance by member of Administrative Justice and Tribunals Council

2A

A failure to ensure a proper degree of skill and attention in the treatment of a patient is specified for the purposes of regulation 11(2) in relation to a dental body corporate.

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