Search Legislation

Smoking, Health and Social Care (Scotland) Act 2005

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Part 5

 Help about opening options

Changes to legislation:

Smoking, Health and Social Care (Scotland) Act 2005, Part 5 is up to date with all changes known to be in force on or before 23 October 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part 5 SDiscipline

26Disqualification by the NHS TribunalS

(1)The 1978 Act is amended as follows.

(2)In section 29 (conditions of disqualification and persons subject to jurisdiction of NHS Tribunal)—

(a)for subsection (2) substitute—

(2)If the Tribunal receive from a Health Board representations that a person—

(a)who has applied to be included; or

(b)who is included,

in any list meets any of the conditions for disqualification, the Tribunal shall inquire into the case.;

(b)in subsection (4)(b), the words “the representations are that the second condition for disqualification is met and” are repealed;

(c)in subsection (6)—

(i)for the word “continued” substitute “ inclusion or continued ”;

(ii)for the words from “list”, where it second occurs, to the end substitute list—

(a)in relation to a list referred to in subsection (8)(a), (cc) or (e), perform;

(b)in relation to a list referred to in subsection (8)(c) or (d), undertake to provide or are approved to assist in providing;;

(d)after subsection (7), insert—

(7A)The third condition for disqualification is that the person concerned is unsuitable (by virtue of professional or personal conduct) to be included, or to continue to be included, in the list.;

(e)in subsection (8)—

(i)paragraph (b) is repealed;

(ii)for paragraphs (c) to (e) substitute—

(c)a list of dental practitioners and bodies corporate referred to in section 25(1) undertaking to provide, and of persons who are approved to assist in providing, general dental services;

(cc)a list of persons performing personal dental services;

(d)a list of medical practitioners and ophthalmic opticians undertaking to provide, and of persons who are approved to assist in providing, general ophthalmic services; or

(e)a list of registered pharmacists performing pharmaceutical care services,;

(f)in subsection (11)—

(i)the word “and” is repealed;

(ii)at the end insert “ ; and cases in which representations are made that the third condition for disqualification is met are referred to below as unsuitability cases ”.

(3)In section 29A (cases before Tribunal: supplementary provision)—

(a)in subsection (1), after “the second condition for disqualification” insert “ or, as the case may be, the third condition for disqualification ”;

(b)after subsection (1), insert—

(1A)A body corporate entitled, by virtue of section 43 of the Dentists Act 1984 (c. 24), to carry on the business of dentistry is to be treated for the purposes of this group of sections as meeting the second condition for disqualification or, as the case may be, the third condition for disqualification if any director meets that condition (whether or not he first met that condition when he was a director).;

(c)in subsection (3)—

(i)in paragraph (a), after the word “providing,” insert “ assisting in providing, ”;

(ii)in paragraph (b), after the word “provision,” insert “ assistance in provision, ”;

(d)in subsection (5), for the words “a fraud case” substitute “ an unsuitability case, a fraud case or an efficiency case ”;

(e)in subsection (6), after the word “in” insert “ an unsuitability, ”.

(4)In section 29B (disqualification by Tribunal)—

(a)in subsection (1), after paragraph (b) insert ;

(c)on inquiring into an unsuitability case, that the person meets the third condition for disqualification;

(b)for subsection (2), substitute—

(2)The Tribunal shall disqualify him for inclusion in—

(a)the list to which the case relates;

(b)all lists within the same paragraph of subsection (8) of section 29 as that list; and

(c)where the list to which the case relates is a list referred to in—

(i)paragraph (c) of that subsection, all lists within paragraph (cc) of that subsection;

(ii)that paragraph (cc), all lists within that paragraph (c).;

(c)in subsection (4), for the word “any” substitute “ a ”.

(5)In section 29C (conditional disqualification)—

(a)in subsection (2)—

(i)the word “or” following paragraph (a) is repealed;

(ii)after paragraph (b), insert ;

(c)ensuring that the person—

(i)performs, undertakes to provide or assists in providing only services specified (or of a description specified) in the condition;

(ii)undertakes an activity (or course of activity) of a personal or professional nature, or refrains from conduct of a personal or professional nature, so specified (or of a description so specified);

(b)in subsection (5)(aa), for the words “17P” substitute “ 17F, 17P or 17X or this Part ”.

(6)In section 32(2) (regulations: inquiry into more than one category of case), for the words “both an efficiency case and a fraud case” substitute “ an efficiency case and a fraud case or an unsuitability case or any other combination of more than one such category of case ”.

(7)In section 32A (interim suspension by the Tribunal)—

(a)in subsection (2), for the words from “services” to the end substitute

(a)services of the kind to which the case in question, or the case to which the review in question, relates; and

(b)if the services are either general dental services or personal dental services, both general dental services and personal dental services.;

(b)in subsection (2A)—

(i)in paragraph (a), after the words “primary medical services” insert “ , pharmaceutical care services ”;

(ii)for paragraph (b), substitute or

(b)that it is otherwise in the public interest to do so.;

(c)in subsection (6)(a), for the words from “a list” to “services” substitute—

(i)a list of persons performing;

(ii)a list of persons undertaking to provide and of persons approved to assist in providing,

services ;

(d)after subsection (6), insert—

(7)Regulations may provide that where a Health Board, in accordance with regulations made under section 17F, 17P, 17X, 25(2) or 26(2), suspend a person from a list prepared under regulations made under the section in question and the Board apply to the Tribunal for a direction to be made under subsection (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determine the application..

Commencement Information

I1S. 26 in force at 7.3.2006 for specified purposes by S.S.I. 2006/121, art. 3(a), Sch. 1

I3S. 26(2)(c)(ii) in force at 1.4.2006 for specified purposes by S.S.I. 2006/121, art. 3(b), Sch. 2

I4S. 26(2)(c)(ii) in force at 2.7.2010 for specified purposes by S.S.I. 2010/185, art. 3(b), Sch. 2

I5S. 26(2)(e)(ii) in force at 1.4.2006 for specified purposes by S.S.I. 2006/121, art. 3(b), Sch. 2

I6S. 26(2)(e)(ii) in force at 2.7.2010 for specified purposes by S.S.I. 2010/185, art. 3(b), Sch. 2

I7S. 26(3)(b) in force at 2.7.2010 in so far as not already in force by S.S.I. 2010/185, art. 3(b), Sch. 2

I8S. 26(3)(c) in force at 1.4.2006 for specified purposes by S.S.I. 2006/121, art. 3(b), Sch. 2

I9S. 26(3)(c) in force at 2.7.2010 for specified purposes by S.S.I. 2010/185, art. 3(b), Sch. 2

I10S. 26(4)(b) in force at 1.4.2006 for specified purposes by S.S.I. 2006/121, art. 3(b), Sch. 2

I11S. 26(7)(d) in force at 1.4.2006 for specified purposes by S.S.I. 2006/121, art. 3(b), Sch. 2

27Corresponding provision in England or Wales or Northern IrelandS

For section 32D of the 1978 Act (suspension provisions in England and Wales or Northern Ireland), substitute—

32DCorresponding provision in England or Wales or Northern Ireland

(1)This section applies where it appears to the Scottish Ministers that there is provision in England or Wales or Northern Ireland under which a person may be dealt with in any way which corresponds (whether or not exactly) with a way in which a person may be dealt with under sections 29 to 32B.

(2)A decision in England or Wales or Northern Ireland to deal with such a person in such a way is referred to in this section as a “corresponding decision”.

(3)If this section applies, the Scottish Ministers may make regulations providing for the effect to be given in Scotland to a corresponding decision; and where the decision corresponds (whether or not exactly) with a decision which may be made under section 29C or (so far as relating to conditional disqualification) 30 the regulations may provide for the effect to be given to be determined in the prescribed manner by the Scottish Ministers.

(4)That effect need not be the same as the effect of the corresponding decision in the place where it was made..

Commencement Information

I12S. 27 in force at 7.3.2006 for specified purposes by S.S.I. 2006/121, art. 3(a), Sch. 1

I13S. 27 in force at 1.4.2006 in so far as not already in force by S.S.I. 2006/121, art. 3(b), Sch. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources