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Regulation 8 Determination of appropriate Health Authority or Primary Care TrustF1F2F3

England and Wales

(1)

The appropriate Health Authority or Primary Care Trust, after due consideration of a report presented to it by the discipline committee pursuant to paragraph 7(1) of Schedule 4, shall—

(a)

accept as conclusive the findings of fact made by that committee;

(b)

accept as conclusive the inferences from those findings of fact which that committee considered could properly be drawn from those findings as to whether the practitioner has failed to comply with any of the terms of service detailed in the appropriate Health Authority’s or Primary Care Trust's statement of case;

(c)

determine, having regard to any recommendation made by the discipline committee pursuant to paragraph 7(1)(e) of Schedule 4 either—

(i)

that no further action should be taken in relation to the report, or

(ii)

that action should be taken in relation to the practitioner, in accordance with any one or more of the provisions of paragraphs (3) and (5).

(2)

If the appropriate Health Authority or Primary Care Trust decides either not to adopt the recommendation of the discipline committee or to take any action not recommended by that committee it shall record in writing its reasons for that decision.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

Where it has been determined that a practitioner to whom the report of the discipline committee relates has failed to comply with any of his terms of service the appropriate Health Authority or Primary Care Trust may—

(a)

determine that an amount shall be recovered from the practitioner, whether by way of deduction from his remuneration or otherwise;

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

determine that the practitioner should be warned to comply more closely with his terms of service in future.

(6)

In acting under sub-paragraphs (a) to (c) the appropriate Health Authority or Primary Care Trust may take into consideration any determination made by any FHSA before 1st April 1996 under these Regulations as they were in force prior to that date, or any determination, finding or inference under paragraph (1) since 1st April 1996, so long as such a determination, finding or inference has not been overturned on appeal and was not made more than 6 years prior to the date of the referral under regulation 5(1), that the practitioner had, on some other occasion, failed to comply with his terms of service.

(7)

The appropriate Health Authority or Primary Care Trust shall give notice in writing of its determination under paragraph (1) and any determination under paragraph (5), to the practitioner, any person who is treated as a party pursuant to paragraph 2(3) of Schedule 4, the discipline committee and the Secretary of State, and shall include with the notice—

(a)

a copy of the report of the discipline committee;

(b)

a statement of any reasons recorded by the Health Authority or Primary Care Trust under paragraph (2); and

(c)

a statement as to the rights of appeal to the Secretary of State under regulation 9.

(8)

Subject to paragraph (9), where an appropriate Health Authority or Primary Care Trust determines under this regulation that action should be taken in accordance with any of the provisions of F6paragraph (5)(a) F7... or (c) that action shall be taken by the appropriate Health Authority or Primary Care Trust except that where, at the time when such action falls to be taken, the practitioner’s name is no longer included in that Health Authority’s or Primary Care Trust's list but is included in the list of some other Health Authority or Primary Care Trust, that action shall be taken by that other Health Authority or Primary Care Trust.

(9)

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(10)

Any amount determined under paragraph (5)(a) as being recoverable shall, to the extent that it is not recovered from the practitioner’s remuneration, be a debt owed by the practitioner to the Health Authority or Primary Care Trust by which it is recoverable.

(11)

Where the appropriate Health Authority or Primary Care Trust makes a determination under the provisions of paragraph (5)(a) ... or (c) no action shall be taken in consequence of that determination—

(a)

if no appeal is brought, before the end of the period specified in regulation 9(2) for bringing an appeal; or

(b)

if an appeal is brought, before it has received notice—

(i)

that the appeal has been withdrawn, or

(ii)

of the Secretary of State’s determination of the appeal.

Annotations

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)

F2

Regs. 3-13 substituted for regs. 3-14 (1.4.1996) by The National Health Service (Service Committees and Tribunal) Amendment Regulations 1996 (S.I. 1996/703), regs. 1, 4 (with reg. 15)

F3

Words in reg. 8 inserted (1.10.2002) by The National Health Service Reform and Health Care Professions Act 2002 (Supplementary, Consequential etc. Provisions) Regulations 2002 (S.I. 2002/2469), regs. 1, 8, Sch. 5 (with Sch. 12 Pts. 1, 2)

F4

Reg. 8(3)(4) omitted (E.) (1.4.2004) by virtue of The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), art. 1(1), Sch. 1 para. 10(f)(i) (with arts. 94-104); and omitted (W.) (1.4.2004) by virtue of The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 1(1), Sch. 1 para. 10(1)(f)(i) (with arts. 71, 72)

F5

Reg. 8(5)(b) omitted (E.) (1.4.2006) by virtue of The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 (S.I. 2006/562), art. 1(1), Sch. 1 para. 3(7)(a) (with arts. 31-37); and omitted (W.) (1.4.2006) by virtue of The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006 (S.I. 2006/946), art. 1(1), Sch. 1 para. 2(7)(a) (with arts. 31-37)

F6

Word in reg. 8(8) substituted (E.) (1.4.2004) by The General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 (S.I. 2004/865), art. 1(1), Sch. 1 para. 10(f)(ii) (with arts. 94-104); and substituted (W.) (1.4.2004) by The General Medical Services Transitional and Consequential Provisions (Wales) (No. 2) Order 2004 (S.I. 2004/1016), art. 1(1), Sch. 1 para. 10(1)(f)(ii) (with arts. 71, 72)

F7

Word in reg. 8(8) omitted (E.) (1.4.2006) by virtue of The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006 (S.I. 2006/562), art. 1(1), Sch. 1 para. 3(7)(b) (with arts. 31-37); and omitted (W.) (1.4.2006) by virtue of The General Dental Services and Personal Dental Services Transitional and Consequential Provisions (Wales) Order 2006 (S.I. 2006/946), art. 1(1), Sch. 1 para. 2(7)(b) (with arts. 31-37)

Notes on Part II

Modifications

C1

Pt. II applied in part (1.10.2020) by The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (S.I. 2020/1073), reg. 1(2), Sch. 5 para. 2(c)

C2

Pt. II applied in part (1.10.2020) by The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (S.I. 2020/1073), reg. 1(2), Sch. 6 para. 1(c)

C3

Pt. II applied in part (1.10.2020) by The National Health Service (Pharmaceutical Services) (Wales) Regulations 2020 (S.I. 2020/1073), reg. 1(2), Sch. 7 para. 2(c)

C4

Pt. II applied in part (20.10.2023) by The National Health Service (Ophthalmic Services) (Wales) Regulations 2023 (S.I. 2023/1053), reg. 1(2), Sch. 4 para. 1(1)(d)