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SCHEDULES

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

Valid from 21/12/1995

[F1 Sittings of Tribunal]E+W+S

Textual Amendments

F1Sch. 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)

Prospective

[F25A(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 [F3as it has effect in relation to the functions mentioned below]], the reference to the person concerned is—

(a)in the case of functions under [F4sections 46 to 46C] 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 [F5conditional disqualification or declaration of unfitness] 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 [F6section 49A(3) may be made to apply or continue to apply].

[F7(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