The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002

Cases under the 1977 Act where the appeal period had not ended or an appeal period was not concluded by the relevant date

41.  Where regulation 5 of the Abolition Regulations applies (cases under the 1977 Act where the appeal period has not ended or an appeal is not concluded by the relevant date)—

(a) a person, who under paragraph (2) of that regulation—

(i) did not file an appeal against a local disqualification decision by the end of the appeal period,

(ii) was consequently deemed to have been removed from a Health Authority’s list, and

(iii) still is removed from that Health Authority’s list immediately before the appointed date,

shall be treated, from the appointed date, as having been removed from the appropriate Primary Care Trust’s corresponding list or the appropriate Primary Care Trusts' corresponding lists (as the case may be);

(b) a person, who under paragraph (3) of that regulation—

(i) did not file an appeal against a national disqualification decision by the end of the appeal period,

(ii) was consequently deemed to have had a national disqualification imposed on him, and

(iii) still does have a national disqualification imposed on him immediately before the appointed date,

shall be treated, from the appointed date, as having had a national disqualification imposed on him in relation to all corresponding lists held by Primary Care Trusts; and

(c) a person who falls within paragraph (5)(a), (b) or (c) of that regulation, who had a suspension pending appeal direction imposed on him that is still effective on the appointed date, shall be deemed to have a suspension pending appeal direction imposed on him in relation to the corresponding lists of all appropriate Health Authorities.