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Statutory Instrument 1998 No. 674The National Health Service (Service Committees and Tribunal) Amendment Regulations 1998(The document as of February, 2008) STATUTORY INSTRUMENTS1998 No. 674The National Health Service (Service Committees and Tribunal) Amendment Regulations 1998
The Secretary of State for Health, in exercise of powers conferred on him by sections 29, 45(1), 49, 49C(2) and 126(4) of the National Health Service Service Act 1977[1] and section 39(2) of and paragraphs 3(4) and (5) and 7 of Schedule 1 to the National Health Service (Primary Care) Act 1997[2] and of all other powers enabling him in that behalf, and after consultation with the Council on Tribunals in accordance with section 8 of the Tribunal and Inquiries Act 1992[3], hereby makes the following Regulations: Citation, commencement and interpretation 1. - (1) These Regulations may be cited as the National Health Service (Service Committees and Tribunal) Amendment Regulations 1998 and shall come into force on 1st April 1998. (2) In these Regulations, "the principal Regulations" means the National Health Service (Service Committees and Tribunal) Regulations 1992[4]. Amendment of regulation 2 of the principal Regulations 2.In regulation 2 of the principal Regulations (interpretation), in paragraph (1) there shall be inserted the following definitions in the places which will maintain alphabetical order -
Amendment of regulation 4 of the principal Regulations
(c) with which the agreement constituting the pilot scheme was made, where the matter relates to the act or omissions of a doctor when temporarily performing personal medical services in connection with a pilot scheme in place of a pilot scheme practitioner who is normally responsible for the performance of those services". (3) In paragraph (6)(a), after "relevant time" there shall be inserted "or who at the relevant time was a pilot scheme practitioner".
(b) in the definition of "representations", after "the Act" there shall be inserted "or paragraph 3(1) or (2) of Schedule 1 to the 1997 Act"; (c) in the definition of "respondent", after "the Act" there shall be inserted "or not included pursuant to a direction under paragraph 4(1) of Schedule 1 to the 1997 Act". Amendment of regulation 24 of the principal Regulations
(b) under paragraph 3 of Schedule 1 to the 1997 Act that the inclusion of a person's name in a medical list would be prejudicial to the efficiency of general medical services, shall be made in accordance with this regulation.
(b) be signed by the complainant or on his behalf by some person authorised by him; and (c) include a preliminary statement of the alleged facts and the grounds upon which he intends to rely, and shall be sent to the Tribunal. (3) In paragraph (2) -
(b) for "paragraph (1)(c)" there shall be substituted "paragraph (1A)(c)". (4) In paragraph (6)(a), for "paragraph (1)(c)" there shall be substituted "paragraph (1A)(c)".
(b) after "or both"[6] there shall be inserted "or a direction under paragraph 4(1) of Schedule 1 to the 1997 Act". Amendment of regulation 28 of the principal Regulations
28. - (1) An application for a direction -
(b) under paragraph 5 of Schedule 1 to the 1997 Act that a person shall no longer be disqualified for inclusion in any medical list to which a direction under paragraph 4 of that Schedule relates, may be made to the Tribunal and shall be made in accordance with this regulation.". (2) An application made under paragraph (1) shall -
(b) be signed by or on behalf of the applicant; (c) contain a statement of the grounds on which it is made; and (d) include a copy of each document which the applicant proposes to put in evidence. Amendment of regulation 29 of the principal Regulations
(g) any imposition or removal of a disqualification referred to in paragraph 6 of Schedule 1 to the 1997 Act (direction in Northern Ireland).". 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 -
(b) the right of persons to make representations against such applications.". Amendment of regulation 35 of the principal Regulations
(b) for "continued inclusion" there shall be substituted "[continued (ea)] inclusion"; (c) after note (b) there shall be inserted -
(d) after note (e> there shall be inserted -
Amendment of Schedule 9 to the principal Regulations (This note is not part of the Regulations) These Regulations further amend the National Health Service (Service Committees and Tribunal) Regulations 1992 to implement the provisions contained in Schedule 1 to the National Health Service (Primary Care) Act 1997 ("the 1997 Act"). Schedule 1 of the 1997 Act applies where the Secretary of State determines that a medical practitioner should be given preferential treatment when making an application for his name to be included in an Health Authority's medical list after ceasing to perform personal medical services. The 1997 Act provides that a Health Authority or any other person may make representations to the National Health Service Tribunal ("the Tribunal") against preferential treatment. These Regulations provide that the procedure relating to such representations against such preferential treatment will be similar to the provisions made for other representations to the Tribunal, except that any representations against preferential treatment must be made within a period of 14 days from the date an authority receives an application for inclusion in a medical list from a medical practitioner, in relation to whom the Secretary of State has determined should be given preferential treatment. The 1997 Act provides, where representations against preferential treatment have been made, that the Tribunal may direct that the person's name may not be included in the medical list kept by the Health Authority. These Regulations provide for a procedure whereby someone who is subject to such a direction can apply to the Tribunal for such a direction to be removed. These Regulations also make consequential amendments to the 1992 Regulations to take account of a pilot scheme doctor acting as a deputy for a general practitioner, and vice versa. These Regulations impose no cost on business. Notes: [1] 1977 c.49; see section 128(1) as amended by the National Health Service and Community Care Act 1990 (c.19) ("the 1990 Act"), section 26(2)(g) and (i), for the definitions of "prescribed" and "regulations". Section 29 was extended by the Health and Medicines Act 1988 (c.49), section 1 and amended by the Health Services Act 1980 (c.53), sections 1 and 7 and Schedule 1, paragraph 42(b); by the Health and Social Services and Social Security Adjudications Act 1983 (c.41), Schedule 6, paragraph 2; S.I. 1985/39, article 7(3); by the Health Authorities Act 1995 (c.17), Schedule 1, paragraph 18. Section 45 was amended by the 1980 Act, Schedule 1, paragraph 57; by the Health and Social Security Act 1984 (c.48) and by the Health Authorities Act 1995 (c.11), Schedule 1, paragraph 33. Section 49 was amended by the National Health Service (Amendment) Act 1995 (c.31) ("the 1995 Act"), section 2(1). Section 49C was inserted by section 2(1) of the 1995 Act. Section 126(4) was amended by the 1990 Act, section 65(2).back [2] 1997 c.46.back [3] 1992 c.53.back [4] S.I. 1992/664; relevant amending instruments are S.I. 1995/3091 and S.I. 1996/703.back [5] These words form part of an amendment made by S.I. 1995/3091, regulation 12(4).back [6] These words were inserted by S.I. 1995/3091, regulation 8(5), in relation to doctors and dentists only.back [7] Paragraph (e) was inserted by S.I. 1995/3091, regulation 10, in relation to doctors and dentists only.back ISBN 0 11 065728 4 -- Back --
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