Regulation 2 Interpretation

In these Regulations, unless the context otherwise requires—

• “the 1977 Act” means the National Health Service Act 1977^f1;

• “the 2001 Act” means the Health and Social Care Act 2001;

• “the appeal period” means the period of 14 days within which an appellant must file his notice of appeal against a decision of the Tribunal in accordance with the Civil Procedure Rules 1998^f2;

• “the applicant Health Authority” means the Health Authority in England which made an application to the Tribunal which led to any Tribunal direction being made;

• “the effective date” is the date (being after the relevant date) which immediately follows—

  1. (a)

     the date on which an appeal period ended in respect of a local or national disqualification decision, or a paragraph 4(1) direction was given by the Tribunal without any appeal being filed,

  2. (b)

     the date on which any appeal was withdrawn,

  3. (c)

     the date on which a court upheld the Tribunal’s local or national disqualification decision or paragraph 4(1) direction on appeal,

  as the case may be;

• “the FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the National Health Service Act 1977^f3;

• “the FHSAA Regulations” means the Family Health Services Appeal Authority (Primary Care Act) Regulations 2001^f4;

• “a local disqualification decision” means a direction of the Tribunal under section 46(2)(a) of the 1977 Act in relation to a Health Authority in England to which section 47(1) of that Act applies;

• “a national disqualification decision” means a direction of the Tribunal under section 46(2)(b) of the 1977 Act to which section 47(1) of that Act applies;

• “the Order” means the Health and Social Care Act 2001 (Commencement No. 6) (England) Order 2001^f5;

• “a paragraph 4(1) direction” means a direction given by the Tribunal under paragraph 4(1) of Schedule 1 to the Primary Care Act;

• “a paragraph 5 direction” means a direction given by the FHSAA under paragraph 5 of that Schedule that a direction given under paragraph 4(1) be terminated;

• “a pharmacist case” means a case before the Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act;

• “the Primary Care Act” means the National Health Service (Primary Care) Act 1997^f6;

• “the relevant date” means—

  1. (a)

     14th December 2001, or

  2. (b)

     in a pharmacist case, the date on which the first regulations made under section 42 of the 1977 Act as amended by section 20(6) of the 2001 Act come into force;

• “a review decision” means a decision by the Tribunal under section 47 not to direct that a disqualification be ended;

• “a suspension direction” means a direction of the Tribunal under section 49A(2) of the 1977 Act^f7 that subsection (3) of that section applies;

• “a suspension pending appeal direction” means a direction of the Tribunal under section 49B(1) of the 1977 Act^f8; and

• “the Tribunal” means the tribunal constituted under section 46 of the 1977 Act^f9.

In these Regulations, unless the context otherwise requires, a reference to—