Regulation 14 Suspension

(1)

If a Local Health Board is satisfied that it is necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may suspend a practitioner from its performers list—

(a)

while the Local Health Board decides whether or not to exercise its powers to—

(i)

impose conditions on the practitioner’s inclusion in a performers list under regulation 12, or

(ii)

remove the practitioner under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c), or 19(7)(b),

(b)

while it awaits—

(i)

the outcome of any criminal or regulatory investigation affecting the practitioner;

(ii)

a decision of a court anywhere in the world, or of any regulatory body, affecting the practitioner,

(c)

where it has decided to remove the practitioner from a performers list, but that decision has yet to take effect, or

(d)

pending an appeal under these Regulations.

(2)

The Local Health Board must suspend a practitioner from a performers list if the practitioner’s registration—

(a)

in the register of medical practitioners is subject to an interim suspension order made under section 41A of the 1983 Act^f1;

(b)

in the dentists register is subject to an interim suspension order made under section 32 of the Dentists Act 1984^f2.

(3)

A suspension under paragraph (2) will cease to have effect on the date that the interim suspension order referred to in that paragraph ends.

(4)

Where the Local Health Board suspends a practitioner under paragraph (2) it must notify the practitioner of the suspension and the reason for it.

(5)

Where the Local Health Board is considering suspending a practitioner under paragraph (1), unless paragraph (9) applies (suspension with immediate effect) it must give the practitioner—

(a)

notice of any allegation against the practitioner;

(b)

notice of what action it is considering and on what grounds, and

(c)

the opportunity to put the practitioner’s case at an oral hearing before it, on a specified day, provided that at least 2 working days’ notice of the hearing is given (beginning with the day on which the notice is given).

(6)

Where a practitioner does not wish to have an oral hearing under paragraph (5)(c) or does not attend one, the Local Health Board may suspend the practitioner with immediate effect.

(7)

If an oral hearing does take place, the Local Health Board must take into account any representations made before it reaches its decision, and the Local Health Board may—

(a)

suspend the practitioner with immediate effect, or

(b)

if the practitioner agrees to conditions proposed by the Local Health Board which are to apply during a period described in paragraph (1), allow the practitioner to resume practice subject to those conditions until that period ends.

(8)

Where the Local Health Board suspends a practitioner in a case falling within paragraph (1)(a) or (b), it must notify the practitioner of the right of review under regulation 18.

(9)

Where the Local Health Board considers it necessary to do so for the protection of patients or members of the public or that it is otherwise in the public interest, it may determine that a suspension under paragraph (1) is to have immediate effect without undertaking the steps specified in paragraph (5).

(10)

When a practitioner is suspended in accordance with paragraph (9)—

(a)

the Local Health Board must immediately notify the practitioner of its decision, the reasons for it and the allegations against the practitioner;

(b)

the Local Health Board must review its decision before the end of the next working day following the day on which its decision was made;

(c)

the Local Health Board is as soon as practicable to give the practitioner—

(i)

notice of what further action it is considering and on what grounds, and

(ii)

(11)

If a decision to suspend a practitioner in accordance with paragraph (9) is not reviewed in accordance with paragraph (10)(b), the suspension will cease to have effect on the expiry of the period mentioned in that paragraph.

(12)

Where a practitioner does not wish to have an oral hearing under paragraph (10)(c)(ii) or does not attend one, the Local Health Board may confirm or revoke the suspension.

(13)

If an oral hearing under paragraph (10)(c)(ii) does take place, the Local Health Board must take into account any representations made before it reaches its decision, and the Local Health Board may—

(a)

confirm or revoke the suspension, or

(b)

(14)

Where the Local Health Board decides to confirm a suspension under paragraph (12) or (13)(a) the Local Health Board must notify the practitioner of—

(a)

its decision and the right of review under regulation 18, immediately, and

(b)

the reasons for it (including any facts relied upon) within 7 days of the decision.

(15)

Subject to paragraph (22), in a case falling within paragraph (1)(a) or (b), the Local Health Board must specify a period, not exceeding 6 months, as the period of suspension (“the initial period of suspension”).

(16)

In a case falling within—

(a)

paragraph (1)(b)(i), after the outcome of the investigation referred to in that paragraph is known, the Local Health Board may specify that the practitioner remains suspended for an additional period of time so long as the aggregate of the initial and additional period of suspension does not exceed 6 months;

(b)

paragraph (1)(b)(ii), after the decision referred to in that paragraph has been made, the Local Health Board may specify that the practitioner remains suspended for an additional period so long as the aggregate of the initial and additional period of suspension does not exceed 6 months.

(17)

Where the Local Health Board specifies under paragraph (16) that the practitioner should remain suspended for an additional period, it must immediately notify the practitioner of this.

(18)

Subject to paragraph (22), the Local Health Board may extend the initial period of suspension under paragraph (15) or impose a further period of suspension under paragraph (16), so long as the aggregate does not exceed 6 months.

(19)

Any period of suspension referred to in paragraph (16)(a) or (b) may be extended beyond 6 months if—

(a)

on the application of the Local Health Board, the First-tier Tribunal so orders, or

(b)

the Local Health Board has applied to the First-tier Tribunal under sub-paragraph (a) before the expiry of the initial period of suspension but the First-tier Tribunal has not made an order by the time that initial period expires, in which case the period of suspension continues until the First-tier Tribunal makes an order.

(20)

If the First-tier Tribunal makes an order in accordance with paragraph (19)(a), it must specify—

(a)

a date on which the period of suspension is to end,

(b)

an event beyond which it is not to continue, or

(c)

that the period of suspension is to end on the earlier of a specified date or event.

(21)

The First-tier Tribunal may, on the application of the Local Health Board, make a further order (complying with paragraph (20)) at any time while the period of suspension pursuant to its earlier order is continuing.

(22)

A suspension under paragraph (1)(a) remains effective after the Local Health Board has made a decision to exercise its powers to remove the practitioner from a performers list under regulation 13(1)(c), 16(3) or (5), 18(3)(c), (4)(c) or (5)(c) or 19(7)(b) until the decision for the removal of the practitioner takes effect.

(23)

If the Local Health Board suspends a practitioner in a case falling within paragraph (1)(c) or (d), the suspension has effect until—

(a)

in a case falling within paragraph (1)(c), the decision takes effect, or

(b)

in a case falling within paragraph (1)(d), the First-tier Tribunal has disposed of the appeal.

(24)

If the Local Health Board is in possession of evidence that revoking a suspension imposed under paragraph (1) will not compromise the protection of patients or members of the public or the public interest, the Local Health Board may at any time revoke that suspension with immediate effect and notify the practitioner of its decision.

(25)

Subject to paragraph (27), whilst suspended under these Regulations, a practitioner is to be treated as not being included in a performers list, even though the practitioner appears in it.

(26)

Nothing in paragraph (25) prevents a practitioner from being removed from a performers list under regulation 13(1)(c), 16 or 19(7)(b).

(27)

For the purpose of an application by a practitioner who is suspended under these Regulations to be included in another performers list, that practitioner is to be treated as still included in the list from which the practitioner is suspended, notwithstanding that suspension.

Annotations

Footnotes

f1: Section 41A was amended by S.I. 2000/1803, S.I. 2002/3135, S.I. 2006/1914 and S.I. 2015/794.
f2: Section 32 was substituted by S.I. 2005/201 and amended by S.I. 2016/496.