National Health Service Act 1977

[F149J Suspension pending appealE+W+S

(1)This section applies if the [F2Primary Care Trust or] Health Authority decide to remove a practitioner from a list under section 49F.

(2)In such a case they may also decide to suspend the practitioner from the list pending any appeal by him, if they are satisfied that it is necessary to do so for the protection of members of the public or is otherwise in the public interest.

(3)If they do suspend the practitioner under this section, the suspension has effect from the date when the [F2Primary Care Trust or] Health Authority gave him notice of the suspension.

(4)The suspension has effect until its revocation under subsection (5) or (6) or, if later, until the expiry of the period of 28 days referred to in section 49M(1) below, or, if the practitioner appeals under section 49M, until the FHSAA has disposed of the appeal.

(5)The [F2Primary Care Trust or] Health Authority may revoke a suspension imposed under this section.

(6)If the practitioner appeals under section 49M against the [F3decision of the Primary Care Trust or of the Health Authority] to remove him from the list, the FHSAA may also revoke a suspension imposed on him under this section.

(7)Subsections (9) and (10) of section 49I above apply for the purposes of this section as they apply for the purposes of that.]

Textual Amendments

F1S. 49J inserted (14.12.2001 for E. for all purposes except those relating to the provision of pharmaceutical services under the 1977 Act and 1.7.2002 for W.) by 2001 c. 15, ss. 25, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(3), Sch. 1 Pt. III; S.I. 2002/1475, art. 2(1), Sch. Pt. 1