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The Health and Personal Social Services (Amendment) (Northern Ireland) Order 1995

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Interim suspension of practitioners

4.  After paragraph 8 of Schedule 11 to the 1972 Order there shall be inserted—

8A.(1) A Health and Social Services Board which has made representations under paragraph 1 may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under sub-paragraph (2) in relation to the person to whom the case relates.

(2) If, on an application under this paragraph, the Tribunal is satisfied that it is necessary to do so in order to protect patients, it shall direct that sub-paragraph (3) 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 sub-paragraph 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 paragraph 3(c) concerning his fitness to be engaged in the provision of services of the relevant kind.

(4) A direction under sub-paragraph (2) shall cease to have effect on the Tribunal’s disposing of the case in connection with which it is made.

(5) In sub-paragraph (2), 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 Part VI of this Order.

(6) In the application of sub-paragraph (3) to any person—

(a)“relevant list”means a list prepared under Part VI of this Order of persons undertaking to provide services of the kind to which the direction applying the sub-paragraph to him relates, and

(b)“services of the relevant kind”means services of the kind to which that direction relates.

8B.(1) Where—

(a)on disposing of a case under paragraph 3, the Tribunal makes a direction under sub-paragraph (b) of that paragraph, and

(b)the person to whom the direction relates is a person to whom paragraph 8A(3) would, apart from this paragraph, cease to apply on the disposal of the case,

the Tribunal may, if it considers 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 paragraph 3(b) relates.

(2) A direction under sub-paragraph (1) shall cease to have effect—

(a)where no appeal against the direction under paragraph 3(b) 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 sub-paragraph (1) is exercisable by virtue of a direction which is not coupled with a declaration under paragraph 3(c), paragraph 8A(3) shall have effect, in relation to the exercise of that power, with the omission of head (c).

(4) In sub-paragraph (1), the reference to patients is to persons to whom services of the kind to which the direction under paragraph 3(b) relates are, or may be, provided under Part VI of this Order.

8C.(1) Before making a direction under paragraph 8A(2) or 8B(1) in relation to any person, the Tribunal shall give him an opportunity—

(a)to appear before the Tribunal, either in person or by counsel or solicitor or such other representative as may be prescribed, and

(b)to be heard and to call witnesses and produce other evidence.

(2) Regulations may—

(a)make provision for, or for the determination of, procedure in relation to determining applications under paragraph 8A or the exercise of the power conferred by paragraph 8B(1), and

(b)provide for the functions of the Tribunal under paragraph 8A or 8B to be carried out, or to be carried out in prescribed circumstances, by the chairman or a deputy chairman of the Tribunal.

8D.(1) This paragraph applies where, under any provisions in force in England and Wales or Scotland corresponding to paragraph 8A or 8B, a person (“the practitioner”) is disqualified for inclusion in all lists prepared under the provisions in force there corresponding to the provisions of Part VI of this Order of persons undertaking to provide services of one or more of the kinds specified in paragraph 1(1), other than those in which his name is included.

(2) The practitioner shall, while he is so disqualified—

(a)be disqualified for inclusion in any list prepared under Part VI of this Order of persons undertaking to provide services of the same kinds (“relevant list”) in which his name is not included, and

(b)be deemed to have been removed from any relevant list in which his name is included.

8E.(1) Regulations may provide for the making to persons to whom paragraph 8A(3) or 8D(2) applies of payments in consequence of the application of that provision.

(2) Regulations under sub-paragraph (1) may provide for the determination by the Department in a prescribed manner of anything for which provision may be made by regulations under that sub-paragraph..

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