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The National Health Service (Appellate and Other Functions) Regulations 1992

Type Statutory-Instrument
Publication 1992-03-10
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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Made: 10th March 1992

Laid before Parliament: 11th March 1992

Coming into force: 1st April 1992

The Secretary of State for Health, in exercise of powers conferred by sections 13, 16, 17, 18, 42 and 126(4) of, and paragraph 12 of Schedule 5 to, the National Health Service Act 1977[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the National Health Service (Appellate and Other Functions) Regulations 1992, and shall come into force on 1st April 1992.

Interpretation

2

Functions made exercisable by Yorkshire Regional Health Authority

3

that function shall be exercised on his behalf by the Yorkshire Regional Health Authority.

by a committee of an FHSA whose locality is in Wales;

Exercise of appellate functions by Yorkshire Regional Health Authority

4

Transitional provision

5

Where, before 1st April 1992—

the Secretary of State shall, as respects that appeal, application or other matter, discharge his functions under the provision in question as if these Regulations had not come into force.

Revocation

6

The National Health Service (Appellate Functions) (Directions to Authorities) Regulations 1991[^f00011] are hereby revoked.

SCHEDULE — PROVISIONS OF REGULATIONS CONFERRING FUNCTIONS ON THE SECRETARY OF STATE WHICH ARE TO BE EXERCISED BY YORKSHIRE REGIONAL HEALTH AUTHORITY

PART I — PROVISIONS RELATING TO GENERAL MEDICAL SERVICES

(1) (2)
Provision of Regulations Nature of function
The Medical Regulations—
regulation 7(6) to (10) to entertain and determine appeal against FHSA’s decision to remove name from medical list, and to give consequential direction
regulation 24(2), (4) and (12) to (16) to entertain and determine appeal against FHSA’s decision as to size of doctor’s list of patients, or against FHSA’s decision that doctor is to be treated for the purposes of his list size as an assistant rather than a partner
regulation 27(10), (11), (15), (16) and (18) to entertain and determine appeal against FHSA’s refusal to include name in child health surveillance list or against FHSA’s decision to remove name from child health surveillance list, and to give consequential direction
regulation 30(11), (12), (16), (17) and (19) to entertain and determine appeal against FHSA’s refusal to include name in obstetric list or against FHSA’s decision to remove name from obstetric list, and to give consequential direction
regulation 32(10), (11), (15), (16) and (18) to entertain and determine appeal against FHSA’s refusal to include name in minor surgery list or against FHSA’s decision to remove name from minor surgery list, and to give consequential direction
regulation 36(8) to (17) to entertain and determine appeal against FHSA’s decision as to whether or not substance is a drug
Schedule 2, paragraph 14(8) and (9) to entertain and determine appeal against FHSA’s refusal to approve deferment of doctor’s obligations in relation to new patients, or against conditional approval
Schedule 2, paragraph 22(5) to (7) to entertain and determine appeal against FHSA’s refusal, or withdrawal, of consent to deputising arrangement, or against imposition or variation of condition
Schedule 2, paragraph 29(13) to (15) to entertain and determine appeal against FHSA’s refusal to approve times and places at which doctor proposes to be available to patients, or against conditional approval
Schedule 2, paragraph 29(23) to (25) to entertain and determine appeal against FHSA’s direction requiring re-allocation of doctor’s hours of availability
Schedule 2, paragraph 34(1) to entertain and determine appeal against FHSA’s refusal to consent to doctor’s alteration to practice area

PART II — PROVISIONS RELATING TO PHARMACEUTICAL SERVICES

(1) (2)
Provision of Regulations Nature of function
The Pharmaceutical Regulations—
regulation 8 to entertain and determine appeal against FHSA’s decision of application for inclusion in pharmaceutical list, or against its refusal to amend original application or to extend time allowed for commencement of provision of services
regulation 10 to entertain and determine appeal against FHSA’s decision that, or its refusal to consider whether, area is or is not rural in character, or against its decision as to postponement of making or termination of arrangements for provision of pharmaceutical services by a doctor
regulation 13 to entertain and determine appeal against FHSA’s decision of, or itsrefusal to consider, application relating to controlled locality, or against its decision as to postponement of making or termination of arrangements for provision of pharmaceutical services by a doctor, or against its refusal to consider an application for preliminary consent
regulation 17(6) to (8) to entertain and determine appeal against FHSA’s decision to remove name from pharmaceutical list, and to give consequential direction
regulation 20(5), and (11) to (14) to entertain and determine appeal in connection with FHSA’s decision to require doctor to provide pharmaceutical services
Schedule 2, paragraph 4(10) to (12) to entertain and determine appeal against FHSA’s refusal to approve times at which chemist proposes to provide pharmaceutical services, or against conditional approval
Schedule 2, paragraph 4(22) and (23) to entertain and determine appeal against FHSA’s direction requiring revision of times at which chemist is required to provide pharmaceutical services

PART III — PROVISIONS RELATING TO COMPLAINTS etc.

(1) (2)
Provision of Regulations Nature of function
The National Health Service (Service Committees and Tribunal) Regulations 1992[^f00012] —
regulation 7(3) and (4) to consent to referral of matter to appropriate committee after expiry of time limit
regulation 9(5)(c) and (d) to receive recommendations of FHSA
regulation 9(9) to receive notice of decision of FHSA following report of appropriate committee
regulations 10 and 11 to entertain and determine appeal against FHSA’s decision following report by appropriate committee, including matters relating to costs
regulations 12, 13 and 14(1) to (10), except regulation 14(1)(d) to entertain any representations and determine action to be taken (in the form of recovery of amount or of prior approval requirement) in relation to person found by FHSA, or on appeal, to have failed to comply with terms of service
regulation 14(11) to (14) to entertain and determine application in relation to prior approval requirement
regulation 15(19) to (21), (22) (but not sub-paragraph (a) or (b)(ii) thereof), (25) and (27) to entertain and determine appeal against decision of professional committee in connection with over prescribing by a doctor
regulation 35(1), (2) and (3)(c), except in relation to a time specified in regulation 16, 17 or 27 to exercise power to extend time limits
regulation 36, except in relation to any appointment made under regulation 27 or 30 to exercise power to rescind appointments and appoint further persons
regulation 37(2) to exercise power to refer case papers to professional body
Schedule 2, paragraph 5(3) to receive reference in relation to FHSA’s appointment of chairman of committee
Schedule 2, paragraph 5(5) to exercise power to appoint new chairman of committee
Schedule 3, paragraphs 1 and 2 to exercise power to consent to investigation
Schedule 3, paragraph 4 to entertain and determine appeal against decision of committee that no reasonable grounds for delay in making complaint
Schedule 5, Part II to appoint Medical Advisory Committee
Schedule 5, Part III to appoint Dental Advisory Committee
Schedule 6, paragraph 2 to give notice of hearing of oral representations
Schedule 6, paragraph 5 to receive report of persons appointed to hear oral representations

PART IV — FORMER PROVISIONS RELATING TO PHARMACEUTICAL SERVICES

(1) (2)
Provision of Regulations Nature of function
The National Health Service (General Medical and Pharmaceutical Services) Regulations 1974—
regulation 29(4A) appeal against FHSA’s scheme for securing proper pharmaceutical services
Schedule 4C, paragraph 4, as it relates to an appeal made by a Local Medical Committee, a Local Pharmaceutical Committee or an FHSA appeal against FHSA’s decision in connection with application for inclusion in pharmaceutical list

PART V — FORMER PROVISIONS RELATING TO COMPLAINTS etc.

(1) (2)
Provision of Regulations Nature of function
The National Health Service (Service Committees and Tribunal) Regulations 1974—
regulation 3(3)(d) and (e) appointment of chairman of service committee
regulations 5(2) and 6(6)(a) to consent to investigation of complaint, or referral of matter, to service committee
regulation 5(4) to entertain and determine appeal against decision of service committee not to seek consent
regulation 10(9) to receive report of service committee
regulations 11, 12 and 13 to entertain and determine appeal from decision of FHSA following investigation by service committee or denture conciliation committee
regulation 14, other than paragraph (1)(a)(iii), (b) and (c) of that regulation to determine question of withholding of remuneration, and, where necessary, to appoint persons to hear representations, other than in cases of reports of the Tribunal or local representative committee
regulation 15(1) and (2) (except the words in paragraph (1) from “or any report” to “Part III of these Regulations”) to determine question of imposition of prior approval requirement, and where necessary, to appoint persons to hear representations, other than in the case of a report of the Tribunal
regulation 15(3) to determine application for termination of prior approval requirement
regulation 52 to exercise power to appoint further persons for purposes of regulation 12 or 14
regulation 53 to exercise power to extend time limits imposed in regulation 5(4),11(1) or 13
regulation 53A(2) to exercise power to refer case papers to professional body

Signed

William Waldegrave — Secretary of State for Health — 10th March 1992

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the exercise by the Yorkshire Regional Health Authority of certain appellate and other functions conferred on the Secretary of State, under provisions of Regulations listed in the Schedule, in connection with decisions and functions of Family Health Services Authorities (regulation 3). Provision is also made requiring the Yorkshire Regional Health Authority to make arrangements for the functions conferred on it under these Regulations to be discharged on its behalf either by an officer of the Authority or by a committee established in accordance with the Regulations, according to the nature of the function in question (regulation 4).

These Regulations make transitional provision in connection with the exercise of functions in relation to matters begun, but not determined, before 1st April 1992 (regulation 5). They also revoke an earlier instrument under which certain of the functions conferred directly on the Yorkshire Regional Health Authority by these Regulations were previously conferred on that Authority, and on other Regional Health Authorities but required to be exercised by the Yorkshire Regional Health Authority on their behalf (regulation 6).

Footnotes

[^f00001]: 1977 c. 49; section 13 was amended by paragraph 33 of Schedule 1 to the Health Services Act 1980 (c. 53) (“the 1980 Act”); section 16 was amended by paragraph 36 of Schedule 1 to the 1980 Act, and section 3(3) of the National Health Service and Community Care Act 1990 (c. 19) (“the 1990 Act”); section 17 was substituted by paragraph 2 of Schedule 3 to the Health and Social Security Act 1984 (c. 48) and amended by section 3(4) of the 1990 Act; section 18 was amended by paragraph 38 of Schedule 1 to the 1980 Act, and was modified by S.I. 1985/39; section 42 was substituted by section 3(1) of the National Health Service (Amendment) Act 1986 (c. 66), amended by article 4 of S.I. 1987/2202 and further amended by section 12(3) of the 1990 Act; section 126(4) was amended by section 65(2) of the 1990 Act; paragraph 12 of Schedule 5 was amended by paragraph 9 of Schedule 1 to the 1990 Act; see, for the definitions of “prescribed” and “regulations”, section 128(1), as amended by section 26(2)(g) and (i) of the 1990 Act.

[^f00002]: See section 2(1) of the National Health Service and Community Care Act 1990 (c. 19).

[^f00003]: S.I. 1992/635.

[^f00004]: S.I. 1992/662.

[^f00005]: See S.I. 1981/1836, article 3 and the Schedule.

[^f00006]: S.I. 1974/160; the relevant amending instruments are S.I. 1987/401, 1987/1425, 1989/1360, 1990/1757 and 1991/555.

[^f00008]: S.I. 1974/455, as amended by S.I. 1974/907, 1982/288, 1985/39, 1987/445, 1989/1630, 1990/538, 1752, 1938, 1991/555, 581,1992/24.

[^f00009]: 1989 c. 44.

[^f00010]: See the Nurses, Midwives and Health Visitors Act 1979(c. 36), section 10(7).

[^f00011]: S.I. 1991/553.

[^f00012]: S.I. 1992/664.

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