The National Health Service (Service Committees and Tribunal) Regulations 1992

[^key-01bf53df9684a12c0489dadd90d5a17c]: Words in reg. 20(3) substituted (W.) (20.10.2023) by The National Health Service (Ophthalmic Services) (Wales) Regulations 2023 (S.I. 2023/1053), reg. 1(2), Sch. 6 para. 1(5)

Procedure of the Tribunal

23A

The chairman of the Tribunal may give practice directions applying generally to any Tribunal proceedings, and subject to any such directions, the person (being the chairman or a deputy chairman) presiding over any such proceedings may give procedural directions, order pre-hearing reviews, and generally determine the procedure to be followed.

Making of representations and preliminary matters

Applications for interim suspension

24A

• (1) An application for interim suspension under section 49A of the Act shall—

• (a) be made in writing;

• (b) be signed by some person authorised by the Health Authority or Primary Care Trust;

• (c) include a statement of the alleged facts and the grounds upon which the Health Authority or Primary Care Trust intends to rely; and

• (d) include a copy of each document which the Health Authority or Primary Care Trust proposes to put in evidence,

and shall be sent to the Tribunal.

• (2) The statement mentioned in paragraph (1)(c) may be made by reference to any other document already before the Tribunal.

• (3) The application shall be dealt with by way of oral hearing, and Schedule 9 shall apply with respect to that hearing.

• (4) The Tribunal shall give the respondent notice in writing of the application and of its intention to hold an oral hearing on a date to be fixed, and shall include a copy of—

• (a) the Health Authority's or Primary Care Trust's application;

• (b) any document provided under paragraph (1)(d); and

• (c) where paragraph (2) applies, any document which is referred to in the statement.

• (5) The Tribunal may at any time before the conclusion of the proceedings relating to the application allow it to be amended, upon such conditions as it may think just, on the application of the Health Authority or Primary Care Trust.

• (6) At the conclusion of proceedings relating to the application, the Tribunal shall, as soon as practicable, issue a decision in writing, signed by the person (being the chairman or a deputy chairman) who presided over the proceedings, containing—

• (a) any directions it decides to give under section 49A(2) of the Act;

• (b) a statement of reasons for its decision; and

• (c) any order it decides to make as to costs.

• (7) The Tribunal shall send a copy of its decision to the respondent, the Health Authority or Primary Care Trust, and the Secretary of State; and the Secretary of State shall send a copy of the decision to any other Health Authority or Primary Care Trust which appears to him to be concerned.

• (8) Where the decision includes a direction under section 49A(2) of the Act, the Tribunal shall include with the decision a notice to the respondent of his right to appeal under section 11(1) of the Tribunals and Inquiries Act 1992.

Withdrawal of representations and suspension of procedures

Inquiry as to representations

Discharge of suspension functions by chairman or deputy chairman

26A

The functions of the Tribunal under section 49A or 49B of the Act may be carried out by the chairman or a deputy chairman of the Tribunal; and where the chairman or a deputy chairman does carry them out, any reference to the Tribunal in this Part or in Schedule 9 shall be construed as a reference to that person.

Appeals to Secretary of State as to representations

Applications for removal of disqualification

Applications to the Tribunal

Applications to the Secretary of State

Publication of decisions

Costs

31A

Section 250(5) of the Local Government Act 1972 (costs) shall apply to Tribunal proceedings as though the reference there to the Minister causing an inquiry to be held under section 250 were to the Tribunal, and as if the reference to the parties at the inquiry were to the parties to Tribunal proceedings.

11

In this Schedule—

• (a) “suspension proceedings” means proceedings relating to an application for interim suspension under section 49A of the Act or a proposal to give a direction under section 49B(1) of the Act; and

• (b) “inquiry” includes any hearing relating to suspension proceedings.

Provisions relating to the start of disciplinary proceedings

Referral to investigating discipline committee

Time limits

Investigations by discipline committees

Determination of appropriate Health Authority or Primary Care Trust

Appeal to the Secretary of State

Procedure on appeal

Recovery of amounts from practitioners following appeal

Prior approval in dental cases

Death of practitioner

PART I — CONSTITUTION OF DISCIPLINE COMMITTEES

Health Authority’s statement of case

Disciplinary matters in relation to deputies

Response of practitioner

Interpretation

Publication of information about applications involving preferential treatment

31B

The Secretary of State shall publish in such a manner as he thinks fit information about—

• (a) applications made to Health Authorities or Primary Care Trusts for inclusion in their medical list of the names of medical practitioners in respect of whom Schedule 1 to the 1997 Act applies; and

• (b) the right of persons to make representations against such applications.

Health Authority’s or Primary Care Trust's statement of case

Attendance by member of Administrative Justice and Tribunals Council