SCHEDULES

F1SCHEDULE 11DISQUALIFICATION OF PERSONS PROVIDING PART VI SERVICES

Annotations:
Amendments (Textual)

PART IICONSTITUTION OF THE TRIBUNAL

Membership

15

The Tribunal shall consist of—

a

a chairman appointed by the Lord Chief Justice;

b

such number of deputy chairmen as the Lord Chief Justice may appoint;

C1c

such number of persons as the Department may appoint for the purposes of this sub-paragraph;

C1d

such number of medical practitioners as the Department may appoint for the purposes of this sub-paragraph;

C1e

such number of medical practitioners having the qualifications prescribed under Article 62 as the Department may appoint for the purposes of this sub-paragraph;

C1f

such number of dental practitioners as the Department may appoint for the purposes of this sub-paragraph;

C1g

such number of ophthalmic opticians as the Department may appoint for the purposes of this sub-paragraph; and

C1h

such number of pharmacists as the Department may appoint for the purposes of this sub-paragraph.

Chairman and deputy chairman

16

A person appointed as the chairman or a deputy chairman shall be either a barrister-at-law practising in Northern Ireland or a practising solicitor of the Supreme Court of not less than ten years' standing.

Other members of the Tribunal

C217

1

Any appointment for the purposes of paragraph 15(c) shall be made after consultation with F2the Department .

2

Any appointment for the purposes of any of sub-paragraphs (d) to (h) of paragraph 15 shall be made after consultation with such organisations as the Department may recognise as representative of the profession or calling concerned.

Functions of the Tribunal

18

1

The functions of the Tribunal shall be exercised by three members consisting of—

a

the chairman or a deputy chairman;

b

a person appointed under paragraph 15(c); and

c

a person appointed under such one of sub-paragraphs (d) to (h) of paragraph 15 as provides for the appointment of persons of the same profession or calling as that of the person concerned.

2

In sub-paragraph (1)(c) as it has effect in relation to the functions mentioned below, the reference to the person concerned is—

a

in the case of functions under paragraphs 1 to 4, to the person to whom the representations in question relate;

b

in the case of functions under paragraph 5, to the person whose disqualification, conditional disqualification or declaration of unfitness is under consideration;

c

in the case of functions under paragraph 9, to the person to whom the application in question relates; and

d

in the case of functions under paragraph 10, to the person in relation to whom paragraph 9(5) may be made to apply or continue to apply.

3

In sub-paragraph (1)(c) as it has effect in relation to functions of the Tribunal conferred by or under any statutory provision relating to the preferential treatment of medical practitioners on transferring to medical lists, the reference to the person concerned is a reference to the medical practitioner to whom the matter before the Tribunal relates.

4

In the case of functions under paragraph 9 or 10, sub-paragraph (1) is subject to paragraph 11(2)(b).

Regulations

C319

Regulations may provide for the appointment, tenure of office and vacation of office of members of the Tribunal.