National Health Service (Scotland) Act 1978

Valid from 01/01/1996

F132B Continuation of suspension pending appeal.S

(1)Where—

(a)on disposing of a case under section 29, the Tribunal make a direction under subsection (3)(b) of that section, and

(b)the person to whom the direction relates is a person to whom section 32A(3) above would, apart from this section, cease to apply on the disposal of the case,

the Tribunal may, if they consider it necessary to do so in order to protect patients, direct that that provision shall continue to apply to him as respects services of the kind to which the direction under section 29(3)(b) relates.

(2)A direction under subsection (1) above shall cease to have effect—

(a)where no appeal against the direction under section 29(3)(b) is brought, at the end of the period for bringing an appeal, and

(b)where an appeal against that direction is brought, when the appeal process has been exhausted.

(3)Where the power conferred by subsection (1) above is exercisable by virtue of a direction which is not coupled with a declaration under section 29(3)(c), section 32(A)(3) shall have effect, in relation to the exercise of that power, with the omission of paragraph (c).

(4)In subsection (1) above, the reference to patients is to persons to whom services of the kind to which the direction under section 29(3)(b) relates are, or may be, provided under this Part of this Act.

Textual Amendments

F1S. 32B inserted (1.1.1996 for certain purposes and otherwise 1.4.1996) by 1995 c. 31, s. 8; S.I. 1995/3214, art. 2, Sch. (with art. 3); S.I. 1996/552, art. 2