Regulation 9 Appeal to the Secretary of StateF1F2
England and Wales
An appeal may be made to the Secretary of State by a practitioner—
against a finding of fact, or an inference drawn from a finding of fact which (in either case) is adverse to him pursuant to regulation 8(1)(a) or (b);
in respect of a determination by a Health Authority or Primary Care Trust that an overpayment has or has not been made in respect of his remuneration;
by giving notice of appeal in accordance with paragraph (2).
A notice of an appeal under this regulation shall be in writing and sent to the Secretary of State within 30 days beginning on the date on which notice of the appropriate Health Authority’s or Primary Care Trust's decision was given to the practitioner under regulation 8(7), and shall contain a concise statement of the grounds of appeal upon which the practitioner intends to rely in respect of each ground of appeal.
Subject to paragraph (6), on an appeal to which paragraph (1)(a) or (c) applies, the Secretary of State shall consider the appeal on the basis of such evidence as was available to the discipline committee and of such further evidence as shall have been adduced on the appeal, and shall—
make such findings of fact as he sees fit; and
draw such inferences from those findings as he sees fit; and
in the case of an appeal to which paragraph (1)(a) applies—
determine whether or not the practitioner has failed to comply with any one or more of the terms of service detailed in the appropriate Health Authority’s or Primary Care Trust's statement of case, and
determine in accordance with any one or more of the following provisions that is, F6paragraph (5)(a) ... and (c), (as modified in accordance with paragraph (5) of this regulation) of regulation 8 or F7regulation 11 whether any, and if so what, action should be taken in relation to that practitioner; or
in the case of an appeal to which paragraph (1)(c) applies, determine whether there has been an overpayment and, if so, of what amount.
On an appeal to which paragraph (1)(b) alone applies, the Secretary of State shall—
accept as conclusive—
those findings of fact made by the discipline committee which were necessary for the purpose of the Health Authority’s or Primary Care Trust's determination under regulation 8(1)(c)(ii), and
the inferences specified in the discipline committee’s report pursuant to paragraph 7(1)(c) of Schedule 4;
determine in accordance with any one or more of the following provisions, that is, F8paragraph (5)(a) ... and (c), (as modified in accordance with paragraph (5) of this regulation) of regulation 8, or regulation 11, whether any, and if so what, action should be taken in relation to the practitioner.
The practitioner may withdraw his appeal, at any time before it is determined—
by giving written notice to the Secretary of State of his intention to do so; and
with the consent of the Secretary of State.
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. 9 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
Word in reg. 9(1)(b) 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(g)(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)(g)(i) (with arts. 71, 72, 75(1)–(3))
- F5
Word in reg. 9(1)(b)(3)(c)(4)(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(8)(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(8)(a) (with arts. 31-37)
- F6
Word in reg. 9(3)(c)(ii) substituted (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(g)(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)(g)(ii) (with arts. 71, 72, 75(1)–(3))
- F7
Words in reg. 9(3)(c)(4)(b) substituted (E.) (1.4.2006) by 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(8)(b) (with arts. 31-37); and substituted (W.) (1.4.2006) by 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(8)(b) (with arts. 31-37)
- F8
Word in reg. 9(4)(b) substituted (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(g)(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)(g)(ii) (with arts. 71, 72, 75(1)–(3))
- F9
Word in reg. 9(5) 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(g)(iii) (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)(g)(iii) (with arts. 71, 72, 75(1)–(3))
- F10
Word in reg. 9(5) substituted (E.) (1.4.2006) by 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(8)(c) (with arts. 31-37); and substituted (W.) (1.4.2006) by 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(8)(c) (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)