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The National Health Service (Service Committees and Tribunal) Regulations 1992

S.I. 1992/664 · Made 10 March 1992 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 20 October 2023.

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

Made 10th March 1992

Laid before Parliament 11th March 1992

Coming into force 1st April 1992

The Secretary of State, in exercise of powers conferred by the provisions set out in column (1) of Schedule 1 to this instrument (as amended in particular by the provisions set out in column (2) of that Schedule), and of all other powers enabling him in that behalf, and after consultation with such organisations as appear to him to be representative of persons providing general dental servicesf1, and with the Council on Tribunals in accordance with section 10 of the Tribunals and Inquiries Act 1971f2, hereby makes the following Regulations:

Annotations to the whole text

Textual amendments

F1

Regulations revoked (E.) by The National Health Service (Pharmaceutical Services) Regulations 2012 (S.I. 2012/1909), reg. 1, Sch. 8 para. 1(1)(a)

Footnotes

f1

See section 37(1B) of the National Health Service Act 1977 (c. 49), as inserted by section 12(3) of the Health and Medicines Act 1988 (c. 49).

f2

1971 c. 62; see paragraph 17 of Part I of Schedule 1 to that Act, as amended by the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 134, and the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 53. By virtue of section 2(1)(b) of the National Health Service and Community Care Act 1990 (c. 19) references in any Act to a Family Practitioner Committee fall to be construed as references to a Family Health Services Authority.

Contents

  1. Part I: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation Repealed
  4. Part II: PROVISIONS RELATING TO INVESTIGATIONS, DISPUTES, APPEALS, ETC.
  5. 3Establishment of committees
  6. 4Provisions relating to the start of disciplinary proceedings
  7. 5Referral to investigating discipline committee
  8. 6Time limits
  9. 7Investigations by discipline committees
  10. 8Determination of appropriate Health Authority or Primary Care Trust
  11. 9Appeal to the Secretary of State
  12. 10Procedure on appeal
  13. 11Recovery of amounts from practitioners following appeal
  14. 12Prior approval in dental cases Repealed
  15. 13Death of practitioner
  16. 14Prior approval in dental cases Repealed
  17. 15Excessive prescribing by doctors Repealed
  18. 16Investigation of certification Repealed
  19. 17Investigation of record keeping Repealed
  20. 18Decision as to treatment for which fees may be charged by doctors Repealed
  21. 19Appeals from decisions of the Board Repealed
  22. 20Power of Local Representative Committees to consider complaints
  23. Part III: INQUIRIES BY, AND APPEALS FROM, THE TRIBUNAL
  24. 21Interpretation and forms
  25. 22Tenure of office of chairman and member of the Tribunal
  26. 23Officers of the Tribunal
  27. 23AProcedure of the Tribunal
  28. 24Making of representations and preliminary matters
  29. 24AApplications for interim suspension
  30. 25Withdrawal of representations and suspension of procedures
  31. 26Inquiry as to representations
  32. 26ADischarge of suspension functions by chairman or deputy chairman
  33. 27Appeals to Secretary of State as to representations Repealed
  34. 28Applications for removal of disqualification
  35. 29Applications to the Tribunal
  36. 30Applications to the Secretary of State Repealed
  37. 31Publication of decisions
  38. 31ACosts
  39. 31BPublication of information about applications involving preferential treatment
  40. Part IV: MISCELLANEOUS PROVISIONS
  41. 32Service of documents
  42. 33Attendance by member of Administrative Justice and Tribunals Council Repealed
  43. 34Power to dispense with requirements as to notices
  44. 35Power to extend time limits
  45. 36Fresh appointments
  46. 37Referral of matters to professional bodies
  47. 38Transitional provisions
  48. 39Revocations
  49. Signature
  50. Schedule 1PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS
  51. Schedule 2
  52. Part I: CONSTITUTION OF DISCIPLINE COMMITTEES
  53. 1Paragraph 1
  54. 2Paragraph 2
  55. 3Paragraph 3
  56. 4Paragraph 4
  57. 5Paragraph 5
  58. 6Paragraph 6
  59. 7Paragraph 7
  60. 8Paragraph 8
  61. Schedule 3: LATE COMPLAINTS Repealed
  62. 1Paragraph 1 Repealed
  63. 2Paragraph 2 Repealed
  64. 3Paragraph 3 Repealed
  65. 4Paragraph 4 Repealed
  66. 5Paragraph 5 Repealed
  67. Schedule 4: PROCEDURE FOR INVESTIGATION BY DISCIPLINE COMMITTEES
  68. 1Health Authority’s or Primary Care Trust's statement of case
  69. 2Disciplinary matters in relation to deputies
  70. 3Response of practitioner
  71. 4Preparation for the hearing
  72. 5Attendance at hearing
  73. 6Procedure at the hearing
  74. 7The committee’s report
  75. 8Provisions as to quorum, composition and voting
  76. 9Interpretation
  77. Schedule 5: ADVISORY COMMITTEES
  78. Part I: SPECIFIED FAILURES TO COMPLY WITH TERMS OF SERVICE
  79. 1Paragraph 1 Repealed
  80. 2Paragraph 2 Repealed
  81. Part II: THE MEDICAL ADVISORY COMMITTEE Repealed
  82. 3Paragraph 3 Repealed
  83. 4Paragraph 4 Repealed
  84. 5Paragraph 5 Repealed
  85. 6Paragraph 6 Repealed
  86. 7Paragraph 7 Repealed
  87. 8Paragraph 8 Repealed
  88. 9Paragraph 9 Repealed
  89. Part III: THE DENTAL ADVISORY COMMITTEE Repealed
  90. 10Paragraph 10 Repealed
  91. 11Paragraph 11 Repealed
  92. 12Paragraph 12 Repealed
  93. 13Paragraph 13 Repealed
  94. 14Paragraph 14 Repealed
  95. 15Paragraph 15 Repealed
  96. 16Paragraph 16 Repealed
  97. Schedule 6: ORAL REPRESENTATIONS Repealed
  98. 1Paragraph 1 Repealed
  99. 2Paragraph 2 Repealed
  100. 3Paragraph 3 Repealed
  101. 4Paragraph 4 Repealed
  102. 5Paragraph 5 Repealed
  103. Schedule 7: RULES OF PROCEDURE UNDER REGULATION 18 Repealed
  104. 1Paragraph 1 Repealed
  105. 2Paragraph 2 Repealed
  106. Schedule 8FORMS FOR USE IN PROCEEDINGS BEFORE TRIBUNAL
  107. Schedule 9: HEARINGS UNDER PART III
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. 3Paragraph 3
  111. 4Paragraph 4
  112. 5Paragraph 5
  113. 6Paragraph 6
  114. 7Paragraph 7
  115. 8Paragraph 8
  116. 9Paragraph 9
  117. 10Paragraph 10
  118. 11Paragraph 11
  119. Schedule 10REVOCATIONS
  120. Explanatory note