Modifications etc. (not altering text)
C1Pt. II modified by S.I. 1982/288, Sch. 2 para. 1 Table
C2Pt. II restricted (1.4.1998) by 1997 c. 46, s. 12; S.I. 1998/631, art. 2(a), Sch. 1
C3Pt. II power to modify conferred (1.4.1998) by 1997 c. 46, s. 15(2)(a); S.I. 1998/631, art. 2(1)(a), Sch. 1
Pt. II power to apply conferred (1.4.1998) by 1997 c. 46, s. 15(2)(b); S.I. 1998/631, art. 2(1)(b), Sch. 1
Textual Amendments
F1Cross-heading preceding s. 46 omitted (14.12.2001 for E. and 1.7.2002 for W.) by virtue of 2001 c. 15, ss. 67(1), 70(2), Sch. 5 Pt 1 para. 5(8) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(4), Sch. 2 (subject to art. 2(5)(6)); S.I. 2002/1475, art. 2(1)
(1)If the FHSAA removes the practitioner from a list, it may also decide to disqualify him from inclusion in—
(a)all lists referred to in section 49F(1)(a) to (e) prepared by [F3all Primary Care Trusts and] all Health Authorities,
(b)all supplementary lists prepared by [F3all Primary Care Trusts and] all Health Authorities, and
(c)all services lists prepared by [F3all Primary Care Trusts and] all Health Authorities under section 28DA above or under section 8ZA of the National Health Service (Primary Care) Act 1997 (c. 46), or any list corresponding to a services list prepared by [F4any Primary Care Trust or] any Health Authority by virtue of regulations made under section 41 of the Health and Social Care Act 2001,
or only from inclusion in one or more descriptions of such lists prepared by [F3all Primary Care Trusts and] all Health Authorities, the description being specified by the FHSAA in its decision.
(2)A decision by the FHSAA to do what is mentioned in subsection (1) is referred to in this section as the imposition of a national disqualification.
(3)The FHSAA may also impose a national disqualification on a practitioner if it dismisses an appeal by him against [F5the refusal by a Primary Care Trust or Health Authority] to include him in such a list (or, in the case of a medical list, to nominate or approve him for inclusion in it).
(4)The [F6Primary Care Trust or] Health Authority may apply to the FHSAA for a national disqualification to be imposed on a person after they have—
(a)removed him from a list of theirs of any of the kinds referred to in subsection (1)(a) to (c), or
(b)refused to include him in such a list (or, in the case of a medical list, to nominate or approve him for inclusion in it).
(5)Any such application must be made before the end of the period of three months beginning with the date of the removal or of their refusal.
(6)If the FHSAA imposes a national disqualification on a person—
(a)no [F7Primary Care Trust or]Health Authority may include him in a list of any of the kinds from which he has been disqualified from inclusion prepared by them, and
(b)if he is included in such a list, [F8each Primary Care Trust and] each Health Authority in whose list he is included must remove him from it.
(7)The FHSAA may at the request of the person upon whom it has been imposed review a national disqualification, and on a review may confirm it or revoke it.
(8)Subject to subsection (9), the person may not request such a review before the end of the period of—
(a)two years beginning with the date on which the national disqualification was imposed, or
(b)one year beginning with the date of the FHSAA’s decision on the last such review.
(9)The Secretary of State may provide in regulations for subsection (8) to have effect in prescribed circumstances as if the reference there to “two years” or “one year” were a reference to a different period specified in the regulations.]
Textual Amendments
F2S. 49N inserted (22.11.2001 for certain purposes for E., 14.12.2001 for all other purposes (except those relating to the provision of pharmaceutical services under the 1977 Act) for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(2), Sch. 1 Pt. II; S.I. 2002/1475, art. 2(1) Sch. Pt. 1
F3Words in s. 49N(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 25(2)(a); S.I. 2002/2478, art. 3(1)(d)
F4Words in s. 49N(1)(c) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 25(2)(b); S.I. 2002/2478, art. 3(1)(d)
F5Words in s. 49N(3) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 25(3); S.I. 2002/2478, art. 3(1)(d)
F6Words in s. 49N(4) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 25(4); S.I. 2002/2478, art. 3(1)(d)
F7Words in s. 49N(6)(a) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 25(5)(a); S.I. 2002/2478, art. 3(1)(d)
F8Words in s. 49N(6)(b) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 25(5)(b); S.I. 2002/2478, art. 3(1)(d)
Modifications etc. (not altering text)
C4S. 49N(8) modified (W.) (26.8.2002) by S.I. 1992/635, reg. 7H (as inserted (26.8.2002) by The National Health Service (General Medical Services) (Amendment) (Wales) (No. 2) Regulations 2002 (S.I. 2002/1896), reg. 5)