National Health Service Act 2006

158 Appeals E+W

(1) A practitioner may appeal to the [F1 First-tier Tribunal] against a decision of [F2 NHS England] mentioned in subsection (2) F3 ....

(2) [F2 NHS England] decisions in question are—

(a) to remove the practitioner from a list (under section 151 or 152(3) or under subsection (5)(b) of this section),

(b) to remove him contingently (under section 152),

(c) to impose any particular condition under section 152, or to vary any condition or to impose any different condition under that section,

(d) to vary his terms of service (under section 152(4)),

(e) any decision on a review of a contingent removal under section 157.

(3) The appeal must be way of redetermination of the decision of [F2 NHS England].

(4) On an appeal, the [F4 First-tier Tribunal] may make any decision which [F2 NHS England] could have made.

(5) If the [F5 First-tier Tribunal] decides to remove the practitioner contingently—

(a) [F2 NHS England] and the practitioner may each apply to the [F5 First-tier Tribunal] for the conditions imposed on the practitioner to be varied, for different conditions to be imposed, or for the contingent removal to be revoked, and

(b) [F2 NHS England] may remove him from its list if it determines that he has failed to comply with a condition.

(6) [F2 NHS England] may not remove a person from a list, or impose a contingent removal—

(a) until the expiry of the period of 28 days referred to in subsection (1), or

(b) if the practitioner appeals within that period, until the [F6 First-tier Tribunal] has disposed of the appeal.

(7) Regulations may provide for payments by [F2 NHS England] to practitioners who are removed from lists pursuant to decisions of the [F7 First-tier Tribunal] under this section, but whose appeals against those decisions are successful.

(8) Regulations under subsection (7) may include provision for the amount of the payments, or the method of calculating the amount, to be determined by the Secretary of State or by another person appointed for the purpose by the Secretary of State.

Textual Amendments

F1 Words in s. 158(1) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 118(a)(i) (with Sch. 5)

F2 Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F3 Words in s. 158(1) omitted (18.1.2010) by virtue of The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 118(a)(ii) (with Sch. 5)

F4 Words in s. 158(4) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 118(b) (with Sch. 5)

F5 Words in s. 158(5) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 118(b) (with Sch. 5)

F6 Words in s. 158(6)(b) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 118(b) (with Sch. 5)

F7 Words in s. 158(7) substituted (18.1.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(1), Sch. 2 para. 118(b) (with Sch. 5)