The National Health Service (Service Committees and Tribunal) Regulations 1992

Arrangements for investigations and determinations by other FHSAs

8.—(1) Where—

(a) in the case of any complaint made to an FHSA—

(i) the complainant or the practitioner is a member or officer of either the FHSA or one of its committees mentioned in regulation 3(1), or

(ii) paragraph 4(1) of Schedule 4 has been complied with by that FHSA but sub-paragraph (1) or (2) of paragraph 8 of that Schedule cannot be complied with by reason of the operation of paragraph 6(3) of that Schedule; or

(b) in the opinion of the FHSA or one of its duly authorised committees, a matter of a kind referred to in regulation 7(1) ought to be investigated by an appropriate committee,

the FHSA shall arrange with another FHSA for the complaint or the matter to be investigated and determined under these Regulations by that other FHSA pursuant to regulation 11 of the National Health Service Functions (Directions to Authorities and Administration Arrangements) Regulations 1991(1), and that other FHSA shall, subject to paragraph (2), refer the matter to its appropriate committee.

(2) In a case to which—

(a) paragraph (1)(a)(ii) applies, the appropriate committee of the other FHSA referred to in that paragraph shall proceed to hold a hearing and report to that other FHSA in accordance with paragraphs 4 to 9 of Schedule 4;

(b) paragraph (1)(b) applies, the reference in regulation 7(2)(b) to the referring body shall be construed as a reference to the FHSA, or to the duly authorised committee of the FHSA, first referred to in that paragraph (1)(b).

(3) Schedule 4 shall have effect with respect to the procedure for investigating matters referred under this regulation to an appropriate committee.

(1)

S.I. 1991/554.