The National Health Service (Service Committees and Tribunal) Regulations 1992

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

3. PART II PROVISIONS RELATING TO INVESTIGATIONS, DISPUTES, APPEALS, ETC.

   1. 3. Establishment of committees

   2. 4. Provisions relating to the start of disciplinary proceedings

   3. 5. Referral to investigating discipline committee

   4. 6. Time limits

   5. 7. Investigations by discipline committees

   6. 8. Determination of appropriate Health Authority or Primary Care Trust

   7. 9. Appeal to the Secretary of State

   8. 10. Procedure on appeal

   9. 11. Recovery of amounts from practitioners following appeal

   10. 12. Prior approval in dental cases

   11. 13. Death of practitioner

   12. 14. Prior approval in dental cases

   13. 15. Excessive prescribing by doctors

   14. 16. Investigation of certification

   15. 17. Investigation of record keeping

   16. 18. Decision as to treatment for which fees may be charged by doctors

   17. 19. Appeals from decisions of the Board

   18. 20. Power of Local Representative Committees to consider complaints

4. PART III INQUIRIES BY, AND APPEALS FROM, THE TRIBUNAL

   1. 21. Interpretation and forms

   2. 22. Tenure of office of chairman and member of the Tribunal

   3. 23. Officers of the Tribunal

   4. 23A. Procedure of the Tribunal

   5. 24. Making of representations and preliminary matters

   6. 24A. Applications for interim suspension

   7. 25. Withdrawal of representations and suspension of procedures

   8. 26. Inquiry as to representations

   9. 26A. Discharge of suspension functions by chairman or deputy chairman

   10. 27. Appeals to Secretary of State as to representations

   11. 28. Applications for removal of disqualification

   12. 29. Applications to the Tribunal

   13. 30. Applications to the Secretary of State

   14. 31. Publication of decisions

   15. 31A. Costs

   16. 31B. Publication of information about applications involving preferential treatment

5. PART IV MISCELLANEOUS PROVISIONS

   1. 32. Service of documents

   2. 33. Attendance by member of Administrative Justice and Tribunals Council

   3. 34. Power to dispense with requirements as to notices

   4. 35. Power to extend time limits

   5. 36. Fresh appointments

   6. 37. Referral of matters to professional bodies

   7. 38. Transitional provisions

   8. 39. Revocations

6. Signature

7. 1. SCHEDULE 1

      PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

   2. SCHEDULE 2

      1. PART I CONSTITUTION OF DISCIPLINE COMMITTEES

         1. 1. A discipline committee other than a joint discipline committee shall...

         2. 2. (1) A joint discipline committee shall consist of—

         3. 3. (1) As respects each discipline committee not fewer than three...

         4. 4. (1) The chairman of a discipline committee shall be a...

         5. 5. (1) A person shall be appointed to act as deputy...

         6. 6. (1) Subject to the other provisions of this Schedule, a...

         7. 7. A person who is a member of a discipline committee...

         8. 8. In this Schedule— (a) “lay member” means, in relation to...

   3. SCHEDULE 3

      LATE COMPLAINTS

      1. 1. (1) In so far as notice of a complaint is...

      2. 2. (1) Where an application is made for the consent of...

      3. 3. Where the appropriate committee is not satisfied as mentioned in...

      4. 4. (1) A complainant may, within 14 days after the notice...

      5. 5. Where the Secretary of State gives his consent under paragraph...

   4. SCHEDULE 4

      PROCEDURE FOR INVESTIGATION BY DISCIPLINE COMMITTEES

      1. 1. Health Authority’s or Primary Care Trust's statement of case

      2. 2. Disciplinary matters in relation to deputies

      3. 3. Response of practitioner

      4. 4. Preparation for the hearing

      5. 5. Attendance at hearing

      6. 6. Procedure at the hearing

      7. 7. The committee’s report

      8. 8. Provisions as to quorum, composition and voting

      9. 9. Interpretation

   5. SCHEDULE 5

      ADVISORY COMMITTEES

      1. PART I SPECIFIED FAILURES TO COMPLY WITH TERMS OF SERVICE

         1. 1. Any of the following failures to comply with terms of...

         2. 2. A failure to exercise a proper degree of skill and...

      2. PART II THE MEDICAL ADVISORY COMMITTEE

         1. 3. The committee (in these Regulations referred to as the Medical...

         2. 4. The Medical Advisory Committee shall have six members who shall...

         3. 5. The chairman shall be a doctor who—

         4. 6. Of the remaining five members— (a) three shall be doctors...

         5. 7. The Secretary of State shall also appoint a doctor who...

         6. 8. The quorum for the Medical Advisory Committee shall comprise the...

         7. 9. In the event of an equality of voting among members...

      3. PART III THE DENTAL ADVISORY COMMITTEE

         1. 10. The committee (in these Regulations referred to as the Dental...

         2. 11. The Dental Advisory Committee shall have six members who shall...

         3. 12. The chairman shall be a dentist selected after consultation with...

         4. 13. The remaining five members shall be dentists, three of whom...

         5. 14. The Secretary of State shall also appoint a dental officer...

         6. 15. The quorum for the Dental Advisory Committee shall comprise the...

         7. 16. In the event of an equality of voting among members...

   6. SCHEDULE 6

      ORAL REPRESENTATIONS

      1. 1. (1) Of the three persons to be appointed under regulation...

      2. 2. The Secretary of State shall, not later than 21 days...

      3. 3. At any hearing— (a) the practitioner may attend in person...

      4. 4. The procedure at any hearing shall be such as the...

      5. 5. Following the hearing the persons appointed shall report to the...

   7. SCHEDULE 7

      RULES OF PROCEDURE UNDER REGULATION 18

      1. 1. (1) The Health Authority or Primary Care Trust shall prepare...

      2. 2. (1) Where the Secretary of State thinks fit to refer...

   8. SCHEDULE 8

      FORMS FOR USE IN PROCEEDINGS BEFORE TRIBUNAL

   9. SCHEDULE 9

      HEARINGS UNDER PART III

      1. 1. The person holding the inquiry shall whether or not on...

      2. 2. Where the inquiry concerns representations or suspension proceedings , the...

      3. 3. The person holding the inquiry may, whether or not on...

      4. 4. The hearing shall be in public if—

      5. 5. (1) ..., where the hearing is to be in private,...

      6. 6. At any hearing either party may— (a) address the person...

      7. 7. A Health Authority or Primary Care Trust to whom notice...

      8. 8. (1) Where any party to whom notice of the hearing...

      9. 9. Section 250(2) and (3) of the Local Government Act 1972...

      10. 10. For the purposes of this Schedule— (a) the parties to...

      11. 11. In this Schedule— (a) “suspension proceedings” means proceedings relating to...

   10. SCHEDULE 10

       REVOCATIONS

8. Explanatory Note