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

Made7th June 2004

Laid before the Scottish Parliament9th June 2004

Coming into force1st 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 19781 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 19922, hereby make the following Regulations:

Citation and commencement1

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 20042

1

The National Health Service (Tribunal) (Scotland) Regulations 20043 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 CHISHOLMA member of the Scottish ExecutiveSt Andrew’s House, Edinburgh7th June 2004

(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)).