Paragraph 7 I1

England and Wales

(1)

The person is the subject of a national NHS disqualification, namely—

(a)

a decision made by the First-tier Tribunal under section 159 of the NHS Act 2006^f1 or under regulations corresponding to that section made under section 91(3), 106(3), 123(3) or 146(3) of that Act (regulations in relation to lists of persons performing primary medical, dental, ophthalmic and local pharmaceutical services); or

(b)

a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001^f2 or regulation 6(4)(b) of the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002^f3.

(2)

In this paragraph—

“FHSAA” means the Family Health Service Appeal Authority^f4 constituted under section 169 of, and Schedule 13 to, the NHS Act 2006;
“NHS Tribunal” means the Tribunal constituted under section 46 of the National Health Service Act 1977^f5.

Annotations

Commencement

I1: Sch. para. 7 in force at 1.9.2015, see reg. 1(1)

Footnotes

f1: Section 159 was amended by paragraph 119 of Schedule 2 to the Transfer of Tribunal Functions Order 2010 S.I. 2010/22 and paragraph 85 of Schedule 4 to the Health and Social Care Act 2012. Section 91(3) was amended by para 35 of Schedule 4 to the Health and Social Care Act 2012. Section 106(3) was amended by paragraph 47 of Schedule 4 to the Health and Social Care Act 2012. Section 123(3) was amended by paragraph 60 of Schedule 4 to the Health and Social Care Act 2012.
f2: S.I. 2001/3744. Relevant amending instrument is S.I. 2002/2469.
f3: S.I. 2002/1920
f4: The Family Health Services Appeal Authority was abolished on 18 January 2010 by article 3 of S.I. 2010/22.
f5: 1977 c.49. Section 46 was repealed by the Health and Social Care Act 2001, paragraph 5(8) of Schedule 5 and Schedule 6, Part 1.