UKPGA-1995-31 — National Health Service (Amendment) Act 1995

preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Disqualified practitioners: engagement in provision of services by others.

In section 46(2) of the National Health Service Act 1977 (functions of Tribunal on finding that the inclusion of a person’s name in a list under Part II of that Act would be prejudicial to the efficiency of the services to which the list relates) there shall be inserted at the end

s. 2 — Interim suspension of practitioners.

s. 2(1)

After section 49 of the National Health Service Act 1977 there shall be inserted the following sections—

s. 2(2)

In section 46(1) of that Act for “49” there shall be substituted “ 49C ”.

s. 3 — Appeals against disqualification: removal of appeal to Secretary of State.

s. 3(1)

In section 46 of the National Health Service Act 1977 (disqualification of persons providing services), subsection (3) (right of appeal to Secretary of State from direction of Tribunal) shall cease to have effect.

s. 3(2)

In that section, for subsection (4) there shall be substituted—

s. 4 — Removal of disqualification.

s. 4(1)

In section 47 of the National Health Service Act 1977 (power of the Tribunal or the Secretary of State to remove disqualification imposed by virtue of section 46 of that Act), in subsection (1), the words “or the Secretary of State” shall be omitted.

s. 4(2)

In paragraph 8 of Schedule 14 to that Act (power of the Tribunal or the Secretary of State to remove disqualification imposed by virtue of section 42(8) of the National Health Service Act 1946), for “the Tribunal or the Secretary of State directs” there shall be substituted“ the Tribunal direct ”.

s. 5 — Procedure relating to disqualification.

s. 5(1)

In section 49 of the National Health Service Act 1977 (regulations as to sections 46 to 48) the power conferred by paragraph (a) (under which regulations are to provide for prescribing the procedure for the holding of inquiries) shall include power to provide for the procedure to be determined under regulations.

s. 5(2)

Accordingly, that provision shall be amended as follows—

s. 5(2)(a)

the words “prescribing the procedure for the holding of”, “by the Tribunal” and “securing that” shall be omitted,

s. 5(2)(b)

after “48 above” there shall be inserted“ to be held in accordance with such procedure as may be prescribed by or determined under the regulations ”, and

s. 5(2)(c)

for “shall have” there shall be substituted“ to have ”, for “that the hearing” there shall be substituted“ for the hearing ”and for “shall be” there shall be substituted“ to be ”.

s. 6 — Constitution of the Tribunal.

s. 6(1)

Schedule 9 to the National Health Service Act 1977 (which makes provision about the tribunal under section 46 of that Act) shall be amended as follows.

s. 6(2)

For paragraphs 1 to 5 (constitution) there shall be substituted—

s. 6(3)

After paragraph 5 there shall be inserted—

s. 7 — Disqualified practitioners: engagement in provision of services by others.

In section 29(3) of the National Health Service (Scotland) Act 1978 (functions of Tribunal on finding that the inclusion of a person’s name in a list under Part II of that Act would be prejudicial to the efficiency of the services to which the list relates)—

s. 7(a)

the words “shall direct that his name be removed from that list” shall be paragraph (a);

s. 7(b)

the words “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” shall be paragraph (b); and

s. 7(c)

there shall be added at the end—

s. 8 — Interim suspension of practitioners.

After section 32 of the National Health Service (Scotland) Act 1978 there shall be inserted the following sections—

s. 9 — Appeals against disqualification: removal of appeal to Secretary of State.

s. 9(1)

In section 29 of the National Health Service (Scotland) Act 1978 (disqualification of persons providing services), subsection (4) shall cease to have effect.

s. 9(2)

In that section, for subsection (5) there shall be substituted—

s. 10 — Removal of disqualification.

s. 10(1)

In section 30 of the National Health Service (Scotland) Act 1978 (power of the Tribunal or the Secretary of State to remove disqualification imposed by virtue of section 29 of that Act), in subsection (1), the words “or the Secretary of State” shall be omitted.

s. 10(2)

In paragraph 6 of Schedule 15 to that Act (power of the Tribunal or the Secretary of State to remove disqualification imposed by virtue of section 43(8) of the National Health Service (Scotland) Act 1947), for the words “the Tribunal or the Secretary of State directs” there shall be substituted “ the Tribunal direct ”.

s. 11 — Procedure relating to disqualification.

s. 11(1)

In section 32 of the National Health Service (Scotland) Act 1978 (regulations as to sections 29 to 31) the power conferred by paragraph (a) (under which regulations are to provide for prescribing the procedure for the holding of inquiries) shall include power to provide for the procedure to be determined under regulations.

s. 11(2)

Accordingly, that provision shall be amended as follows—

s. 11(2)(a)

for the words from the beginning to “by the Tribunal” there shall be substituted the words “ for inquiries ”;

s. 11(2)(b)

after “31” there shall be inserted “ to be held in accordance with such procedure as may be prescribed by or determined under the regulations ”;

s. 11(2)(c)

the words “securing that” shall be omitted;

s. 11(2)(d)

for “shall be”, in both places where those words occur, there shall be substituted “ to be ”;

s. 11(2)(e)

for “shall have” there shall be substituted “ to have ”;

s. 11(2)(f)

for “that the hearing” there shall be substituted “ for the hearing ”.

s. 12 — Constitution of the Tribunal.

s. 12(1)

Schedule 8 to the National Health Service (Scotland) Act 1978 (which makes provision about the tribunal under section 29 of that Act) shall be amended as follows.

s. 12(2)

For paragraphs 1 to 6 (constitution) there shall be substituted—

s. 12(3)

After paragraph 7 there shall be added—

s. 13 — Orders in Council making corresponding provision for Northern Ireland.

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made for purposes corresponding to those of sections 1, 2, 5 and 6 above—

s. 13(a)

shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

s. 13(b)

shall be subject to annulment in pursuance of a resolution of either House.

s. 14 — Short title, etc.

s. 14(1)

This Act may be cited as the National Health Service (Amendment) Act 1995.

s. 14(2)

The enactments specified in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

s. 14(3)

Sections 1 to 12 above and subsection (2) above shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed for different purposes.

s. 14(4)

An order under subsection (3) above may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of this Act.

s. 14(5)

References in the amendments made by sections 2, 3 and 6 to a Health Authority or to Health Authorities shall, until 1st April 1996, be construed as references to a Family Health Services Authority or to Family Health Services Authorities.

s. 14(6)

This Act, except section 13 above, subsection (1) above and this subsection, does not extend to Northern Ireland.

Sch 1

Repeals

UKPGA-1995-31 National Health Service (Amendment) Act 1995 UK

England and Wales

Scotland

Miscellaneous and supplementary