The National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2010

Made: 23rd June 2010

Laid before the Scottish Parliament: 24th June 2010

Coming into force: 2nd July 2010

In accordance with paragraph24(1) of Schedule7 to the Tribunals, Courts and Enforcement Act 2007[^f00002], they have consulted the Administrative Justice and Tribunals Council and its Scottish Committee.

Citation and commencement

1

These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2010 and come into force on 2nd July 2010.

Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004

2

In each of the forms1, 2, 3 and 5 set out in Schedule2 (forms for use in proceedings in connection with representations and applications) to the National Health Service (Tribunal) (Scotland) Regulations 2004[^f00003] for “2 copies” substitute “5copies”.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 23rd June 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the principal Regulations”) which make provision relating to the NHS Tribunal, representations to it and its procedures.

Regulation 2(3) of the National Health Service (Tribunal) (Scotland) Amendment Regulations 2010 (“the 2010 Regulations”) amended regulations 6(1)(b), 11(1) and (2), 22(1)(c) and (5) and 24(1)(b) of the principal Regulations to require 5 copies of the documents to which those regulations refer to be lodged instead of 2.

These Regulations make textual amendments to forms 1, 2, 3 and 5 contained in Schedule 2 to the principal Regulations; so that their text will be consistent with the provisions which were amended by the 2010 Regulations.

Footnotes

[^f00001]: 1978 c.29; section29(4) was inserted by the Health Act 1999 (c.8) (“the 1999 Act”), section58 and amended by the Smoking, Health and Social Care (Scotland) Act2005 (2005 asp13) (“the2005 Act”), section 26(1) and (2); section32 was amended by the National Health Service (Amendment) Act 1995 (c.31) (“the 1995 Act”), section11 and the Schedule, by the 1999 Act, Schedule4, paragraph50 and by the 2005 Act, section26(6); section105(7) was amended by the Health Services Act 1980 (c.53), Schedule6, paragraph5 and Schedule7, by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule9, paragraph24 and by the 1999 Act, Schedule4, paragraph60; section108(1) defines “prescribed” and “regulations”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: 2007 c.15; the tribunal constituted in accordance with section29 of, and Schedule8 to, the National Health Service (Scotland) Act 1978 is a listed tribunal for the purposes of Schedule7 to the Tribunals, Courts and Enforcement Act 2007, by virtue of S.S.I.2007/436.

[^f00003]: S.S.I.2004/38; as amended by S.S.I.2005/335, 2006/122, 2009/319 and 2010/227. The forms were substituted by S.S.I.2006/122 and type=start slip=2011-01-01 time=1294758436696forms 1 – 4 were amendedtype=end slip=2011-01-01 time=1294758436696 by S.S.I.2010/227.