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Regulation 6 Other cases under the 1977 Act not disposed of by the relevant date

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraph (2), where a Health Authority made representations to the Tribunal in respect of a person under section 46 of the 1977 Act on or after 1st November 2001 and the case has not been disposed of by the Tribunal by the relevant date—

(a)

any proceedings against him before the Tribunal shall cease, and

(b)

the Health Authority may proceed in relation to the person under section 49F of the 1977 Act.

(2)

Where before the relevant date the Tribunal has given a suspension direction in respect of a person to whom paragraph (1) applies, that person shall be treated with effect from the relevant date as having been suspended by the Health Authority under section 49I of the 1977 Act.

(3)

Where a Health Authority made an application to the Tribunal in respect of a person under section 46 of the 1977 Act before 1st November 2001, article 2(5) of the Order shall apply until the effective date and the Tribunal may make any directions they could have made before the relevant date.

(4)

In a case to which paragraph (3) applies and the Tribunal impose—

(a)

a local disqualification on a person, he shall be treated as having been removed from a Health Authority list from the effective date, or

(b)

a national disqualification on a person, he shall be treated as having had a national disqualification imposed on him by the FHSAA from the effective date and, subject to paragraph (5), section 49N(8)(a) of the 1977 Act shall apply in his case.

(5)

Where the FHSAA states that it is of the opinion that there is a need for an immediate review because—

(a)

a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or

(b)

the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,

the period of two years specified in section 49N(8)(a) of the 1977 Act which applies before a first review may be undertaken shall be reduced to the period that has already elapsed.