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3.—(1) Sub-paragraph (2) applies where the Tribunal is of the opinion—N.I.
(a)on inquiring into an efficiency case, that the person meets the first condition for disqualification;
(b)on inquiring into a fraud case, that the person meets the second condition for disqualification.
[F2(c)on inquiring into an unsuitability case, that the person meets the third condition for disqualification.]
[F3(2) The Tribunal shall disqualify him for inclusion in—
(a)the list to which the case relates;
(b)all lists within the same paragraph of paragraph 1(8) as that list; and
(c)where the list to which the case relates is a list referred to in—
(i)paragraph 1(8)(c), all lists within paragraph (cc) of paragraph 1(8);
(ii)that paragraph (cc), all lists within that paragraph (c).]
(3) If the Tribunal makes a general disqualification it may also declare that the person is not fit to be engaged in any capacity in the provision [F4, or as the case may be performance,] of the services to which the lists in question relate (referred to in this Schedule as a declaration of unfitness).
(4) The Tribunal shall not make [F5a] disqualification or declaration under this paragraph if it is of the opinion that it would be unjust to do so.
(5) A disqualification under this paragraph shall have effect when proceedings in the case are finally concluded.
(6) If a person is disqualified for inclusion in any list prepared by a Health and Social Services Board, the Board shall not enter him in the list and (if he is already included in the list) shall remove him from the list.]
F2Sch. 11 para. 3(1)(c) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(2)
F3Sch. 11 para. 3(2) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(3)
F4Words in Sch. 11 para. 3(3) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(4)
F5Word in Sch. 11 para. 3(4) substituted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 3(5)