The Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations make consequential provision in connection with the abolition of the NHS Tribunal in Wales with effect from 26th August 2002, the abolition being however subject to savings in accordance with article 2(2) and (3) of the Health and Social Care Act 2001 (Commencement No. 3) (Wales) Order 2002. They provide for the Tribunal to continue dealing with certain cases which were not concluded by that date, give effect to decisions in respect of such cases and also give continuing effect to decisions of the Tribunal made before that date.

The Tribunal has powers under sections 46 to 49E of the National Health Service Act 1977 (“the 1977 Act”) to suspend and to disqualify practitioners from the lists maintained by Health Authorities under Part II of the 1977 Act (“Part II lists”) of practitioners in their areas who provide general medical, general dental, general ophthalmic or pharmaceutical services.

However, with effect from 26th August 2002 Health Authorities in Wales will themselves have new powers in respect of such practitioners other than those providing pharmaceutical services, including powers to suspend or remove them from their Part II lists. Such practitioners then have a right of appeal to the Family Health Services Appeal Authority (“FHSAA”) which also has the power to impose national disqualification on practitioners which prevents them joining any list provided for in section 49N(1) of the 1977 Act. Health Authorities will have these powers in relation to those providing pharmaceutical services at a future date, and these Regulations will then apply from that date in such cases.

A person who has been disqualified by the Tribunal under the 1977 Act in relation to a single Health Authority before 26th August 2002, and whose right of appeal to the High Court has either lapsed or been exhausted by that date, will be treated from that date as having been removed by the Health Authority in question from its Part II list (regulation 3).

A person who has been disqualified by the Tribunal under the 1977 Act in relation to all Health Authorities before 26th August 2002, and whose right of appeal to the High Court has either lapsed or been exhausted by that date, will be treated from that date as having had a national disqualification imposed on him by the FHSAA. Such a person also has the right to have that disqualification reviewed by the FHSAA subject to certain periods of time having first ended (regulation 4).

Where the Tribunal has made a local or national disqualification under the 1977 Act before 26th August 2002 but the period within which an appeal to the High Court must be filed has not ended by that date, but no appeal is then filed, is filed and withdrawn or is unsuccessful, a person subject to a local disqualification will be treated as having been removed from a Health Authority’s Part II list from the day after whichever of those events occurs (“the effective date”). A person subject to a national disqualification will be treated from the effective date as having had a national disqualification imposed by the FHSAA and will also have the right to have that disqualification reviewed by the FHSAA subject to certain periods of time having elapsed (regulation 5).

Where proceedings under the 1977 Act commenced on or after 1st July 2002 they will cease to be dealt with by the Tribunal from 26th August 2002. Any suspension direction will be treated as a suspension by a Health Authority from that date and it becomes a matter for the Health Authority as to whether they exercise their new powers in relation to the practitioner (regulation 6(1) and (2)).

Where proceedings commenced before 1st July 2002 they will continue to be dealt with by the tribunal until they are finally concluded. Thereafter, any local disqualification imposed by the Tribunal will be treated as a removal from a Health Authority list. A national disqualification will be treated as having been imposed by the FHSAA and the person then has the right to have that disqualification reviewed by the FHSAA subject to certain periods of time having elapsed (regulation 6(3) to (5)).

All case files held by the Tribunal will be transferred to the FHSAA once cases are finally concluded (regulation 7).

Regulations 8 to 11 provide for consequential amendments to the interpretation provisions in the National Health Service (General Medical Services) Regulations 1992, the National Health Service (General Medical Services) (Supplementary List) Regulations 2001, the National Health Service (General Dental Services) Regulations 1992 and the National Health Service (General Ophthalmic Services) Regulations 1986. These consequential amendments apply to England only.