National Health Service (Scotland) Act 1978

29 Disqualification of persons providing services. S

(1) There shall be constituted a tribunal (hereafter in this Act referred to as “the Tribunal”) for the purpose of inquiring into cases where representations are made in the prescribed manner to the Tribunal by a Health Board or any other person that the continued inclusion of any person in any list prepared under this Part—

(a) of medical practitioners undertaking to provide general medical services;

(b) of medical practitioners undertaking to provide general ophthalmic services;

(c) of dental practitioners undertaking to provide general dental services;

(d) of ophthalmic opticians undertaking to provide general ophthalmic services;

(e)

F1 (f) of persons undertaking to provide pharmaceutical services,

would be prejudicial to the efficiency of the services in question.

(2) Schedule 8 shall have effect in relation to the Tribunal.

(3) The Tribunal, on receiving representations from a Health Board, shall, and in any other case may, inquire into the case and, if they are of the opinion that the continued inclusion of the said person in any list to which the representations relate would be prejudicial to the efficiency of the said services,

[F2 (a) shall direct that his name be removed from that list]

[F2 (b) may also, if they think fit, direct that his name be removed from, or not be included in, any corresponding list kept by any other Health Board under this Part][F3 ,and

(c) where they make a direction under paragraph (b) above, may also, if they think fit, declare that he is not fit to be engaged in any capacity in the provision of those services.]

F4 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (5) Subject to subsection (5A) below, where the Tribunal direct that the name of any person be removed from or not included in any list or lists, the Health Board or Health Boards concerned shall remove the name of the person concerned from the list or lists in question.

F5 (5A) Subsection (5) above shall not apply—

(a) where no appeal is brought against the decision to make the direction, until the end of the period for bringing an appeal, and

(b) where an appeal is brought against that decision, until the appeal process has been exhausted.]

(6) The references in subsections (1), (3) and (5) to a Health Board shall include a reference to such committee or joint committee as may be prescribed.

Textual Amendments

F1 S. 29(1)(e) repealed by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 24, Sch. 8 Pt. I

F2 S. 29(3) “(a)"

“(b)" inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 7(a)(b); S.I. 1995/3214, art. 2, Sch. (with art. 3); S.I. 1996/552, art. 2

F3 S. 29(3)(C) and preceeding word “and" inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 7(c); S.I. 1995/3214, art. 2, Sch. (with art. 3); S.I. 1996/552, art. 2

F4 S. 29(4) repealed (1.1.1996) by 1995 c. 31, ss. 9, 14(2), Sch.; S.I. 1995/3214, art. 2, Sch. (with art. 3)

F5 S. 29(5)(5A) substituted for s. 5 (1.1.1996) by 1995 c. 31, s. 9(2); S.I. 1995/3214, art. 2, Sch. (with art. 3)