{
  "url": "https://openlegislation.uk/national-health-service-service-committees-and-tribunal-amendment-regulations-1990/regulation-9",
  "json_url": "https://openlegislation.uk/national-health-service-service-committees-and-tribunal-amendment-regulations-1990/regulation-9.json",
  "legislation": "uksi/1990/538",
  "legislation_title": "The National Health Service (Service Committees and Tribunal) Amendment Regulations 1990",
  "legislation_url": "https://openlegislation.uk/national-health-service-service-committees-and-tribunal-amendment-regulations-1990",
  "path": "regulation/9",
  "kind": "regulation",
  "number": "9",
  "heading": "Amendment of regulation 11 of the principal Regulations",
  "text": "In regulation 11 of the principal Regulations (appeal to Secretary of State from decision of Committee)–\n(a) for paragraphs (1) and (2), there shall be substituted the following paragraphs:–\n“(1) An appeal may be made to the Secretary of State–\n(a) by any party to an investigation, against a determination of the Committee under regulation 10(1)(c) which is adverse to him;\n(b) by a practitioner, chemist or, as the case may be, optician, against any determination by a Committee under regulation 10(1)(d) to take action in accordance with any one or more of paragraphs (3) or (5)(a) or (b);\n(c) by a practitioner, chemist or, as the case may be, optician, against any determination by a Committee that an overpayment has been made in respect of his remuneration; or\n(d) by a complainant who has asserted to the Committee that, by reason of the respondent’s failure to comply with his terms of service, he has incurred or is likely to incur expenses in circumstances mentioned in regulation 10(5)(a), against a deter mination by the Committee under regulation 10(1)(d) which is adverse to him in that respect.\n(1A) Subject to paragraph (4), on an appeal to which paragraph (1)(a) or (c) applies, the Secretary of State shall inquire into the whole of the complaint or reference, on the basis of such evidence as was available to the service committee and of such further evidence as shall have been adduced on the appeal, and shall–\n(a) make such findings of fact as he sees fit; and\n(b) draw such inferences from those findings as he sees fit; and\n(c) in the case of an appeal to which paragraph (1)(a) above applies–\n(i) determine whether or not the practitioner, chemist or, as the case may be, optician is in breach of any one or more of his terms of service, and\n(ii) determine in accordance with any one or more of regulations 10(3), (4), (5)(a) and (e) and (6) (as modified in accordance with paragraph (1C) of this regulation), 14 and 15 whether any, and if so, what action should be taken in relation to that practitioner, chemist or, as the case may be, optician; or\n(d) in the case of an appeal to which paragraph (1)(c) above applies, determine whether there has been an overpayment and, if so, of what amount.\n(1B) On an appeal to which paragraph (1)(b) or (d) above applies, the Secretary of State shall–\n(a) accept as conclusive–\n(i) the findings of fact made by the service committee necessary for the purpose of the Committee’s determination under regulation 10(1)(c),\n(ii) the inferences drawn by the Committee under regulation 10(1)(b), and\n(iii) any determination made by the Committee under regulation 10(1)(c) in relation to a failure to comply with the terms of service; and\n(b) determine–\n(i) in the case of an appeal to which paragraph (1)(b) above applies, in accordance with any one or more of regulations 10(3), (4), (5)(a) and (e) and (6) (as modified in accordance with paragraph (1C) of this regulation), 14 and 15, the action to be taken in relation to the practitioner, chemist or, as the case may be, optician to whom the report of the service committee relates,\n(ii) in the case of an appeal to which paragraph (1)(d) above applies, whether an amount should be recovered and paid as mentioned in regulation 10(5)(a), and if so, what amount, or\n(iii) in either case, that no further action should be taken in relation to that report.\n(1C) For the purposes of paragraphs (1A)(c)(ii) and (1B)(b)(i) of this regulation, paragraphs (3), (4), (5)(a) and (e) and (6) of regulation 10 shall have effect as if for any reference to “the Committee” there were substituted a reference to “the Secretary of State”.\n(2) A notice of an appeal under this regulation shall be sent in writing to the Secretary of State within one month beginning on the date on which notification of the Committee’s decision was sent to the appellant and shall contain a concise statement of facts and the grounds of appeal upon which the appellant intends to rely.”;\n(b) in paragraph (3)–\n(i) for the words “is received by him”, there shall be substituted the words “was sent to him”,\n(ii) for the words “paragraph (2)(c) or (e)”, there shall be substituted the words “paragraph (5)(c) or (d)”;\n(c) for paragraph (4) there shall be substituted the following paragraph:—\n“(4) Where, pursuant to regulation 10(8), a Committee have made representations to the Tribunal following their consideration of a report of a service committee, the Secretary of State may, for the purpose of any appeal under regulation 11(1)(a) against a decision of that Committee following their consideration of that report, treat as conclusive any relevant finding of fact of the Tribunal.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/538/regulation/9",
    "retrieved_at": "2026-10-29T15:24:47.280494+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}