[F19.—(1) [F2The Department may, if it has made representations under paragraph 1] , at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under sub-paragraph (3) in relation to the person to whom the case relates.
(2) [F3The Department] may, if it has requested a review of a conditional disqualification on the ground mentioned in paragraph 5(3)(b) or (c), at any time before the review is concluded apply to the Tribunal for a direction to be made under sub-paragraph (3) in relation to the person to whom the review relates.
(3) If, on an application under this paragraph, the Tribunal is satisfied that either of the conditions for doing so is satisfied, it shall direct that sub-paragraph (5) shall apply to the person concerned as respects services of the kind to which the case in question, or the case to which the review in question, relates.
(4) The conditions for giving such a direction are—
(a)that it is necessary to do so in order to protect persons who are, or may be, provided with services under Part VI of this Order to which the case in question, or the case to which the review in question, relates;
(b)in, or in the case of a review relating to, a fraud case, that unless it does so there is a significant risk that—
(i)an act or omission within paragraph 1(7)(a) will occur; or
(ii)the investigation of the case of the review will be prejudiced.
(5) A person to whom this sub-paragraph applies shall—
(a)be deemed to have been removed from any relevant list in which his name is included;
(b)be disqualified for inclusion in any relevant list in which his name is not included; and
(c)be deemed to be a person in relation to whom there is in force a declaration of unfitness in relation to the provision [F4or performance] of services of the relevant kind.
(6) A direction under sub-paragraph (3) shall cease to have effect on the Tribunal's disposing of the case or review in connection with which it is made.
(7) In the application of sub-paragraph (5) to any person—
(a)“relevant list” means a list of persons [F5performing or] undertaking to provide services of the kind to which the direction applying the sub-paragraph to him relates; and
(b)“services of the relevant kind” means services of the kind to which that direction relates.
[F6(8) Regulations may provide that where [F7the Department] , in accordance with regulations made under Article 57G, [F8or 61F,] suspends a person from a list prepared under regulations made under the provision in question and [F7the Department] applies to the Tribunal for a direction to be made under sub-paragraph (2) in relation to the person to whom the suspension applies, the suspension may continue until the Tribunal determines the application.]]
F2Words in Sch. 11 para. 9(1) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(7)(a); S.R. 2022/102, art. 2(b)
F3Words in Sch. 11 para. 9(2) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(7)(b); S.R. 2022/102, art. 2(b)
F4Words in Sch. 11 para. 9(5)(c) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 8(2)
F5Words in Sch. 11 para. 9(7)(a) inserted (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 8(3)
F6Sch. 11 para. 9(8) added (26.3.2008) by Health (Miscellaneous Provisions) Act (Northern Ireland) 2008 (c. 2), ss. 11, 18(1)(a)(b), Sch. 1 para. 8(4)
F7Words in Sch. 11 para. 9(8) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 53(7)(c); S.R. 2022/102, art. 2(b)
F8Words in Sch. 11 para. 9(8) substituted (13.6.2016) by virtue of Health (Miscellaneous Provisions) Act (Northern Ireland) 2016 (c. 26), ss. 12(1)(r), 20(2)