Health Act 1999

20 In section 49A (application for interim suspension)—

(a) after subsection (1) there is inserted—

“(1A) A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates.”,

(b) in subsection (2), for the words from “it” to “patients” there is substituted “either of the conditions for doing so is satisfied” and after “in question” there is inserted “or the case to which the review in question,”,

(c) after that subsection there is inserted—

“(2A) The conditions for giving such a direction are—

(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates,

(b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—

(i) an act or omission within section 46(7)(a) above will occur, or

(ii) the investigation of the case or the review will be prejudiced.”,

(d) in subsection (3)(c), for the words from “under” to “engaged in” there is substituted “of unfitness in relation to”,

(e) in subsection (4), after “case” there is inserted “or review”,

(f) subsection (5) is omitted,

(g) in subsection (6)(a), “prepared under this Part of this Act” is omitted.