The National Health Service (Out of Hours Medical Services) and National Health Service (General Medical Services) Amendment Regulations 2002

Suspension of approval

9.—(1) Subject to paragraph (7), if an accrediting authority is satisfied that it is necessary for the protection of members of the public or is otherwise in the public interest, it may suspend the approval of an accredited service provider—

(a) while it decides whether or not to exercise its powers under regulation 8(1)(c) to withdraw approval;

(b) where it has decided to withdraw approval under regulation 8(1)(c), but before that decision takes effect; or

(c) pending an appeal of a decision under regulation 8(1)(c).

(2) In a case falling within paragraph (1)(a), the accrediting authority must specify a period, which shall not exceed six months, as the period of suspension.

(3) In a case falling within paragraph (1)(b) or (c), the suspension has effect until the expiry of any appeal period or, if the accredited service provider appeals under regulation 10, until the appeal has been disposed of.

(4) Subject to paragraph (7), the accrediting authority may extend a period of suspension in a case falling within paragraph (1)(a), so long as the total period of suspension does not exceed six months.

(5) The effect of suspension is that the accredited service provider is treated as not being an accredited service provider.

(6) The accrediting authority may at any time revoke the suspension, and if it does so shall without delay inform the accredited service provider of its decision.

(7) Where an accrediting authority is considering suspending the approval of an accredited service provider under paragraph (1), or extending a period of suspension under paragraph (4), it shall—

(a) give the accredited service provider written notice of its intention to suspend its approval, and of the grounds of the proposed suspension; and

(b) give the accredited service provider at least 24 hours written notice of the date and time of an oral hearing at which it may, if it wishes, make representations to the accrediting authority.

(8) If the accredited service provider does not wish to have an oral hearing or does not attend the oral hearing, the accrediting authority shall notify the accredited service provider of its decision and the reasons for it (including any facts relied upon), and may suspend the approval with immediate effect.

(9) If an oral hearing does take place, the accrediting authority shall take into account any representations made by the accredited service provider before it reaches its decision, and shall then notify the accredited service provider of its decision and the reasons for it (including any facts relied upon).

(10) The accrediting authority may suspend the approval of the accredited service provider with immediate effect following an oral hearing.