The National Health Service (Tribunal) (Scotland) Amendment Regulations 2006

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment Regulations 2006 and shall come into force on 1st April 2006.

(2) In these Regulations, “the principal Regulations” means the National Health Service (Tribunal) (Scotland) Regulations 2004(1).

Amendment of the principal Regulations

2.—(1) The principal Regulations are amended in accordance with the following paragraphs.

(2) In regulation 2(1) (interpretation and forms)(2)–

(a) omit the definition of “local or national disqualification”;

(b) insert each of the following definitions at the appropriate alphabetical place–

““any of the conditions for disqualification” means any of the first condition for disqualification, the second condition for disqualification or the third condition for disqualification;”;

““ophthalmic body corporate” means a body corporate registered in the register of bodies corporate maintained under section 9 of the Opticians Act 1989;”(3);

““third condition for disqualification” has the meaning indicated in section 29(7A) of the 1978 Act;”(4);

““unsuitability case” has the meaning indicated in section 29(11) of the 1978 Act;”(5);

(c) in the definition of “disqualification” for “means local or national disqualification” substitute “has the meaning indicated in section 29B(2) of the 1978 Act”(6);

(d) in the definition of “ophthalmic medical practitioner” for “regulation 3 of the National Health Service (General Ophthalmic Services) (Scotland) Regulations 1986” substitute “by regulations made under section 26(1) of the 1978 Act”(7); and

(e) in the definition of “representations” for “the first or second condition” substitute “any of the conditions”.

(3) In regulation 6(3) and (3A) (submission of representations)(8) for “the second condition” substitute “any of the conditions”.

(4) In regulation 6(3A)–

(a) after “primary medical services performers list” insert “or an ophthalmic list”;

(b) omit “in accordance with regulation 7(4) of the Primary Medical Services Performers Lists Regulations”; and

(c) omit “, pursuant to regulation 7(6) of those Regulations”.

(5) In regulation 9(3) (notices to be sent to respondent etc in case of an inquiry)(9)–

(a) omit “In relation to a fraud case”;

(b) for “the” where it first occurs substitute “The”; and

(c) omit “in a fraud case” in sub-paragraph (a).

(6) In regulation 15(3)(c) (withdrawal of representations)(10) omit from “in the case” to “in a fraud case,”.

(7) In regulation 17(1)(a) (suspension of procedures) for “both an efficiency case and a fraud case” substitute “an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case,”.

(8) In regulation 21(1) (statement by the Tribunal)(11)–

(a) in sub paragraph (c) for “the first or second condition” substitute “any of the conditions”; and

(b) omit sub paragraph (d).

(9) In regulation 21(3)(b) (statement by the Tribunal)(12) omit “or a declaration of unfitness under section 29B(3)”.

(10) In regulation 25(2)(b) (statement by the Tribunal following review)(13)–

(a) omit “–(i)”;

(b) omit “; or” at the end of sub sub-paragraph(i)”; and

(c) omit sub-sub-paragraph (ii).

(11) In regulation 26 (Practitioner subject to inquiry in a fraud case), in the heading omit “in a fraud case”.

(12) Omit regulation 26(2).

(13) In regulation 28 (publication of decisions of the Tribunal, etc)(14)–

(a) at the end of paragraph (b) insert “and”;

(b) omit paragraph (c); and

(c) in paragraph (e) omit “or declaration of unfitness”.

(14) In regulation 29(1)(a) (recovery of amounts from practitioners)(15) omit “(d);”.

(15) In regulation 29(1)(b) (recovery of amounts from practitioners)–

(a) at the end of sub-sub-paragraph (i) insert “or”;

(b) omit “or” at the end of sub-sub-paragraph (ii); and

(c) omit sub-sub-paragraph (iii).

(16) In regulation 31(1)(c) (service of forms, etc)–

(a) after “practitioner” where it first occurs insert “who is not an ophthalmic body corporate”; and

(b) after “concerned” insert “, or in the case of an ophthalmic body corporate its registered office”.

(17) The forms 1, 2, 3, 4, 5 and 6 set out in the Schedule to these regulations are substituted for the forms 1, 2, 3, 4, 5 and 6 set out in Schedule 2 to the principal Regulations (forms for use in proceedings in connection with representations and applications)(16).

Savings

3.  Where, before the date on which these regulations come into force–

(a) a representation has been made to the Tribunal under regulation 6 of the principal Regulations (submission of representations)(17); or

(b) an application for interim suspension has been made to the Tribunal, under regulation 22 of the principal Regulations (applications for interim suspension),

the provisions of the principal Regulations shall, notwithstanding the amendments made by these regulations, continue to apply on and after that date as respects any inquiry, hearing, determination or direction which by virtue of any provision of the principal Regulations falls to be undertaken, held or made in relation to any such representation or application or in relation to an appeal from any such determination or direction.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th March 2006