The National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2004

Scottish Statutory Instruments

2004 No. 271

NATIONAL HEALTH SERVICE

The National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2004

Made

7th June 2004

Laid before the Scottish Parliament

9th June 2004

Coming into force

1st July 2004

The Scottish Ministers, in exercise of the powers conferred by sections 17P, 29(4), 105(7) and 108(1) of the National Health Service (Scotland) Act 1978(1) and of all other powers enabling them in that behalf, and after consultation with the Council on Tribunals and its Scottish Committee in accordance with sections 8(1) and (3) of the Tribunal and Inquiries Act 1992(2), hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the National Health Service (Tribunal) (Scotland) Amendment (No. 2) Regulations 2004 and shall come into force on 1st July 2004.

Amendment of the National Health Service (Tribunal) (Scotland) Regulations 2004

2.—(1) The National Health Service (Tribunal) (Scotland) Regulations 2004(3) are amended as follows.

(2) In regulation 6(3A) (submission of representations)(4)–

(a) for “6(3)” substitute “7(4)”; and

(b) for “6(5)” substitute “7(6)”.

(3) In regulation 29(1) (recovery of amounts from practitioners)(5) omit “(other than a primary medical services performers list)”.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House, Edinburgh

7th June 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the National Health Service (Tribunal) (Scotland) Regulations 2004 (“the principal Regulations”) which make provision relating to the NHS Tribunal and representation to and procedures before it.

These Regulations–

(a) correct incorrect cross-references in the principal Regulations to provisions of the National Health Service (Primary Medical Services Performers Lists) (Scotland) Regulations 2004, which relate to the time in which certain representations to the NHS Tribunal are to be made (regulation 2(2)); and

(b) amend the principal Regulations so that the Scottish Ministers may, following an adverse decision of the NHS Tribunal, direct Health Boards to recover amounts from practitioners in respect of acts or omissions while that practitioner was included on a primary medical services performers list (regulation 2(3)).

(1)

1978 c. 29. Section 17P was inserted by the Primary Medical Services (Scotland) Act 2004 (asp 1), section 5(2) and is extended by the Health and Medicines Act 1988 (c. 49) (“the 1988 Act”), section 17 as amended by S.S.I. 2004/167; section 29(4) was substituted by the Health Act 1999 (c. 8) (“the 1999 Act”), section 58(1); section 105(7) was amended by the Health Services Act 1980 (c. 53), Schedule 6, paragraph 5 and Schedule 7, the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 9, paragraph 24 and the 1999 Act, Schedule 4, paragraph 60; section 108(1) defines “prescribed” and “regulations”. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

1992 c. 53.

(3)

S.S.I. 2004/38 as amended by S.S.I. 2004/122.

(4)

Regulation 6(3A) was inserted by S.S.I. 2004/122.

(5)

Regulation 29 was amended by S.S.I. 2004/122.