2009 No. 308
National Health Service

The National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2009

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17P, 25(2), 26(2), 27(2), 105(7), 106(a) and 108(1) of the National Health Service (Scotland) Act 19781 and section 17 of the Health and Medicines Act 19882 and all other powers enabling them to do so.
In accordance with the provisions of Schedule 7 of the Tribunals Courts and Enforcement Act 20073 they have consulted with the Administrative Justice and Tribunals Council and the Scottish Committee.

Citation and commencement1.

These regulations may be cited as the National Health Service (Discipline Committees) (Scotland) Amendment Regulations 2009 and come into force on 30th September 2009.

Amendment of the National Health Service (Discipline Committees) (Scotland) Regulations 20062.

The National Health Service (Discipline Committees) (Scotland) Regulations 2006 (the “principal regulations”)4, are amended as follows—

(a)

in paragraph 6(2) of Schedule 1 (term of office of any member or deputy member of any discipline committee) for “one year” substitute “three years”.

(b)

in paragraph 1(1)(a) of Schedule 2 (obligation to notify referred practitioner) for “2” substitute “5”.

Transitional provisions3.

The amendment to paragraph 1(1)(a) of Schedule 2 to the principal regulations shall not affect any matter already referred to the appropriate discipline committee prior to the coming into force of these regulations.

SHONA ROBISON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make amendments to the National Health Service (Discipline Committees) (Scotland) Regulations 2006 (S.S.I. 2006/330) (the “2006 Regulations”).

Regulation 2 amends paragraph 6(2) of Schedule 1 of the 2006 Regulations to provide that the limitation on the term of office of any member or deputy member of any discipline committee is increased from 1 year to 3.

Regulation 2 also amends paragraph 1(1)(a) of Schedule 2 of the 2006 Regulations to provide that the period of time within which the health board must notify a practitioner of their referral to a discipline committee has been increased from 2 working days to 5 working days.

Regulation 3 provides that the amendment to paragraph 1(1)(a) of Schedule 2 shall not affect the notification period that relates to a referral where the referral took place before the date of the commencement of these Regulations.