National Health Service Act 1977 (c. 49)

SCHEDULES

SCHEDULE 9 E+W+S Tribunal for Purposes of Section 46

Constitution of Tribunal E+W+S

[F1 1 The Tribunal shall consist of—

(a) a chairman appointed by the Lord Chancellor,

(b) such number of deputy chairmen as the Lord Chancellor may appoint,

(c) such number of persons as the Secretary of State may appoint for the purposes of this sub-paragraph,

(d) such number of medical practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(e) such number of medical practitioners having the qualifications prescribed under section 38 above as the Secretary of State may appoint for the purposes of this sub-paragraph,

(f) such number of dental practitioners as the Secretary of State may appoint for the purposes of this sub-paragraph,

(g) such number of ophthalmic opticians as the Secretary of State may appoint for the purposes of this sub-paragraph, and

(h) such number of registered pharmacists as the Secretary of State may appoint for the purposes of this sub-paragraph.]

Textual Amendments

F1 Sch. 9 paras. 1-4 substituted (21.12.1995) for Sch. 9 paras. 1-5 by 1995 c. 31, ss. 6(2), 14(5); S.I. 1995/3090, arts. 2, Sch. (with art. 3)

Modifications etc. (not altering text)

C1 Sch. 9 para. 1 amended (prosp.) by 1954 c. 61, s. 13I(1)(e) (as inserted (prosp.) by 1997 c. 19, ss. 1, 2(1), Sch. para. 2 (with s. 1))

[F2 2 A person appointed as the chairman or a deputy chairman shall be a person who has a 10 year general qualification (within the meaning of section 71 of the Courts and Legal Services Act 1990).]

Textual Amendments

F2 Sch. 9 paras. 1-4 substituted (21.12.1995) for Sch. 9 para. 1-5 by 1995 c. 31, ss. 6(2), 14(5); S.I. 1995/3090, arts. 2, Sch. (with art. 3)

[F3 3 Any appointment for the purposes of paragraph 1(c) above shall be made after consultation with such associations of Health Authorities as the Secretary of State may recognise as representative of Health Authorities.]

Textual Amendments

F3 Sch. 9 paras. 1-4 substituted (21.12.1995) for Sch. 9 paras. 1-5 by 1995 c. 31, ss. 6(2), 14(5); S.I. 1995/3090, art. 2, Sch. (with art. 3)

Modifications etc. (not altering text)

C2 Sch. 9 para. 3 extended (temporarily) (1.10.2002 for E.) The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), reg. 16(b)

[F4 4 Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 1 above shall be made after consultation with such organisations as the Secretary of State may recognise as representative of the profession or calling concerned.]

Textual Amendments

F4 Sch. 9 paras. 1-4 substituted (21.12.1995) for Sch. 9 paras. 1-5 by 1995 c. 31, ss. 6(2), 14(5); S.I. 1995/3090, arts. 2, Sch. (with art. 3)

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[F6 Sittings of Tribunal] E+W+S

Textual Amendments

F6 Sch. 9 para. 5A and the cross-heading inserted (21.12.1995) by 1995 c. 31, s. 6(3); S.I. 1995/3090, art. 2, Sch. (with art. 3)

[F7 5A (1) The functions of the Tribunal shall be exercised by three members consisting of—

(a) the chairman or a deputy chairman,

(b) a person appointed under paragraph 1(c) above, and

(c) a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 1 above as provides for the appointment of persons of the same profession or calling as that of the person concerned.

(2) In sub-paragraph (1)(c) above [F8 as it has effect in relation to the functions mentioned below]], the reference to the person concerned is—

(a) in the case of functions under section 46 above, to the person to whom the representations in question relate,

(b) in the case of functions under section 47 above (or paragraph 8 of Schedule 14 to this Act), to the person whose disqualification is under consideration,

(c) in the case of functions under section 49A above, to the person to whom the application in question relates, and

(d) in the case of functions under section 49B above, to the person in relation to whom the application of section 49A(3) above may be continued.

[F9 (2A) In sub-paragraph (1)(c) above as it has effect in relation to functions of the Tribunal conferred by or under any enactment relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.]

(3) In the case of functions under section 49A or 49B above, sub-paragraph (1) above is subject to section 49C(2)(b) above.

Textual Amendments

F7 Section heading and s. 5A inserted (21.12.1995) by 1995 c. 31, s. 6(3); S.I. 1995/3090, art. 2, Sch. (with art. 3)

F8 Words in Sch. 9 para. 5A(2) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 29(2); S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

F9 Sch. 9 para. 5A(2A) inserted (1.4.1998) by 1997 c. 46, s. 41(10), Sch. 2 Pt. I para. 29(3); S.I. 1998/631, art. 2(b), Sch. 2 (with arts. 3-5)

Supplementary E+W+S

6 Regulations may provide for the appointment, tenure of office and vacation of office of members of the Tribunal, and with respect to the appointment of officers of the Tribunal.