# The National Health Service (Service Committees and Tribunal) Regulations 1992, Regulation 8: Determination of appropriate Health Authority or Primary Care Trust

Extent: E+W

(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.
(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;
(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 paragraph (5)(a) ... 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.

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Source: https://www.legislation.gov.uk/uksi/1992/664/regulation/8 (the official version)
Page: https://openlegislation.uk/national-health-service-service-committees-and-tribunal-regulations-1992/regulation-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.