The National Health Service (Service Committees and Tribunal) Amendment Regulations 1990

Insertion of new regulation 12A in the principal Regulations

11.  After regulation 12 of the principal Regulations there shall be inserted the following regulation:–

“Procedure following Committee’s recommendation for withholding or prior approval

12A.— (1) Where a Committee has made, in relation to any practitioner, chemist or, as the case may be, optician, a recommendation under regulation 10(5)(c), the Secretary of State–

(a) shall dispose of the matter in accordance with regulation 14; and

(b) may (whether or not he makes any direction under regulation 14(1)) take action in accordance with any of–

(i) where the practitioner is a dentist, regulation 15,

(ii) regulation 10(5)(a) (as modified in accordance with regulation 11(1C)), and

(iii) regulation 10(5)(e) (as modified in accordance with regulation 11(1C)).

(2) Where a Committee has made, in relation to any dentist, a recommendation under regulation 10(5)(d), the Secretary of State–

(a) shall dispose of the matter in accordance with regulation 15; and

(b) may (whether or not he imposes a prior approval requirement under regulation 15(1) in relation to that dentist) take action in accordance with any of–

(i) regulation 14,

(ii) regulation 10(5)(a) (as modified in accordance with regulation 11(1C)), and

(iii) regulation 10(5)(e) (as modified in accordance with regulation 11(1C)).

(3) Where, notwithstanding regulation 10(7), a Committee, in addition to making a recommendation under regulation 10(5)(c) or (d), determine to take some other action under the provisions of regulation 10(5), the Secretary of State shall set aside the determination and substitute his own determination under and in accordance with this regulation.”.