1995 CHAPTER 31
An Act to make provision in relation to persons disqualified, or subject to proceedings for disqualification, under section 46 of the National Health Service Act 1977; to make provision about the constitution of the tribunal under that section; to make corresponding provision for Scotland; and for connected purposes.
[19th July 1995]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
England and Wales
1 Disqualified practitioners: engagement in provision of services by others
In section 46(2) of the [1977 c. 49.] National Health Service Act 1977 (functions of Tribunal on finding that the inclusion of a person’s name in a list under Part II of that Act would be prejudicial to the efficiency of the services to which the list relates) there shall be inserted at the end “, and
(c)where they make a direction under paragraph (b) above, may also, if they think fit, declare that he is not fit to be engaged in any capacity in the provision of those services.”
2 Interim suspension of practitioners
(1)After section 49 of the National Health Service Act 1977 there shall be inserted the following sections—
“49A Applications for interim suspension
(1)A Health Authority who have made representations under section 46 above may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the case relates.
(2)If, on an application under this section, the Tribunal are satisfied that it is necessary to do so in order to protect patients, they shall direct that subsection (3) below shall apply to the person concerned as respects services of the kind to which the case in question relates.
(3)A person to whom this subsection applies shall—
(a)be deemed to have been removed from any relevant list in which his name is included,
(b)be disqualified for inclusion in any relevant list in which his name is not included, and
(c)be deemed to be a person in relation to whom there is in force a declaration under section 46(2)(c) above concerning his fitness to be engaged in the provision of services of the relevant kind.
(4)A direction under subsection (2) above shall cease to have effect on the Tribunal’s disposing of the case in connection with which it is made.
(5)In subsection (2) above, the reference to patients is to persons to whom services of the kind to which the case in question relates are, or may be, provided under this Part of this Act.
(6)In the application of subsection (3) above to any person—
(a)“relevant list” means a list prepared under this Part of this Act of persons undertaking to provide services of the kind to which the direction applying the subsection to him relates, and
(b)“services of the relevant kind” means services of the kind to which that direction relates.
49B Continuation of suspension pending appeal
(a)on disposing of a case under section 46 above, the Tribunal make a direction under subsection (2)(b) of that section, and
(b)the person to whom the direction relates is a person to whom section 49A(3) above would, apart from this section, cease to apply on the disposal of the case,
the Tribunal may, if they consider it necessary to do so in order to protect patients, direct that that provision shall continue to apply to him as respects services of the kind to which the direction under section 46(2)(b) above relates.
(2)A direction under subsection (1) above shall cease to have effect—
(a)where no appeal against the direction under section 46(2)(b) above is brought, at the end of the period for bringing an appeal, and
(b)where an appeal against that direction is brought, when the appeal process has been exhausted.
(3)Where the power conferred by subsection (1) above is exercisable by virtue of a direction which is not coupled with a declaration under section 46(2)(c) above, section 49(A)(3) above shall have effect, in relation to the exercise of that power, with the omission of paragraph (c).
(4)In subsection (1) above, the reference to patients is to persons to whom services of the kind to which the direction under section 46(2)(b) above relates are, or may be, provided under this Part of this Act.
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