http://www.legislation.gov.uk/ukpga/2001/15/section/21/2002-04-01Health and Social Care Act 2001an Act to amend the law about the national health service; to provide for the exercise of functions by Care Trusts under partnership arrangements under the Health Act 1999 and to make further provision in relation to such arrangements; to make further provision in relation to social care services; to make provision in relation to the supply or other processing of patient information; to extend the categories of appropriate practitioners in relation to prescription-only medicinal products; and for connected purposes.texttext/xmlenStatute Law Database2024-05-312002-04-01 Health and Social Care Act 2001s. 41(2A)The National Health Service (Pre-consolidation Amendments) Order 2006Sch. 1 Pt. 2 para. 7art. 4art. 1(1) Part 1 21After section 43 of the 1977 Act there shall be inserted—43ZA1The Secretary of State may by regulations provide—athat if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the Health Authority,bfor the Health Authority to vary that person’s terms of service for the purpose of or in connection with the imposition of any such conditions,cfor the Health Authority to vary the conditions or impose different ones,dfor the consequences of failing to comply with a condition (including removal from the list), andefor the review by the Health Authority of any decision made by virtue of the regulations.2The imposition of conditions must be with a view to—apreventing any prejudice to the efficiency of the services in question, orbpreventing any acts or omissions within section 49F(3)(a) below.3The lists in question are—aa list of persons undertaking to provide general medical services,ba list of persons undertaking to provide general dental services,ca list of persons undertaking to provide general ophthalmic services,da list of persons undertaking to provide pharmaceutical services.4If regulations provide for a practitioner’s removal from the list for breach of condition—athe regulations may provide that he may not withdraw from the list while the Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the Health Authority have decided to remove him but before they have given effect to that decision; andbthe regulations must include provision—irequiring the practitioner to be given notice of any allegation against him,iigiving him the opportunity of putting his case at a hearing before the Health Authority make any decision as to his removal from the list, andiiirequiring him to be given notice of the Health Authority’s decision and the reasons for it and of his right of appeal under subsection (5).5If regulations provide as mentioned in subsection (1), they must also provide for an appeal by the person in question to the FHSAA against the Health Authority’s decision—ato impose conditions, or any particular condition,bto vary a condition,cto vary his terms of service,don any review of an earlier such decision of theirs,eto remove him from the list for breach of condition,and the appeal shall be by way of redetermination of the Health Authority’s decision.6The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it, and must so provide in relation to a decision referred to in subsection (5)(e).7Regulations under this section may provide for the disclosure by a Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition.S. 21 wholly in force at 1.7.2002; s. 21 not in force at Royal Assent, see s. 70(2); s. 21 in force for E. at 22.11.2001 by S.I. 2001/3738, arts. 1(3), 2(1), Sch. 1 Pt. I; s. 21 in force for W. at 1.7.2002, {art. 2(1)}, Sch. Pt. 1