The National Health Service (Service Committees and Tribunal) Amendment Regulations 1998

Amendment of regulation 24 of the principal Regulations

6.—(1) Regulation 24 of the principal Regulations (making of representations and preliminary matters) shall be amended as follows.

(2) For paragraph (1) there shall be substituted—

“(1) Representations to the Tribunal—

(a) under section 46(1) of the Act that the continued inclusion of a person’s name in a medical list, dental list, ophthalmic list or list of persons providing pharmaceutical services would be prejudicial to the efficiency of the services in question; or

(b) under paragraph 3 of Schedule 1 to the 1997 Act that the inclusion of a person’s name in a medical list would be prejudicial to the efficiency of general medical services,

shall be made in accordance with this regulation.

(1A) Subject to paragraph (1B), the representations referred to in paragraph (1) shall—

(a) be made in writing;

(b) be signed by the complainant or on his behalf by some person authorised by him; and

(c) include a preliminary statement of the alleged facts and the grounds upon which he intends to rely,

and shall be sent to the Tribunal.

(1B) The representations referred to in paragraph (1)(b) shall be sent to the Tribunal before the end of the period of two weeks beginning with the date on which the Health Authority received the person’s application for his name to be included in the medical list.”.

(3) In paragraph (2)—

(a) for “the period of 28 days beginning with the day on which the Tribunal sent him notice of its requirement”(1) there shall be substituted “such period (being not less than 14 nor more than 28 days), beginning with the day on which the Tribunal sent him notice of its requirement, as the Tribunal shall specify in the notice”; and

(b) for “paragraph (1)(c)” there shall be substituted “paragraph (1A)(c)”.

(4) In paragraph (6)(a), for “paragraph (1)(c)” there shall be substituted “paragraph (1A)(c)”.

(1)

These words form part of an amendment made by S.I. 1995/3091, regulation 12(4).