National Health Service Act 1977

[F1 43ZA Conditional inclusion in medical, dental, ophthalmic and pharmaceutical lists E+W+S

(1) The Secretary of State may by regulations provide—

(a) that if a person is to be included in a list referred to in subsection (3), he is to be subject, while he remains included in the list, to conditions determined by the [F2 Primary Care Trust or Health Authority in whose list he is included] ,

(b) for the [F3 Primary Care Trust or] Health Authority to vary that person’s terms of service for the purpose of or in connection with the imposition of any such conditions,

(c) for the [F4 Primary Care Trust or] Health Authority to vary the conditions or impose different ones,

(d) for the consequences of failing to comply with a condition (including removal from the list), and

(e) for the review by the [F5 Primary Care Trust or] Health Authority of any decision made by virtue of the regulations.

(2) The imposition of conditions must be with a view to—

(a) preventing any prejudice to the efficiency of the services in question, or

(b) preventing any acts or omissions within section 49F(3)(a) below.

(3) The lists in question are—

(a) a list of persons undertaking to provide general medical services,

(b) a list of persons undertaking to provide general dental services,

(c) a list of persons undertaking to provide general ophthalmic services,

(d) a list of persons undertaking to provide pharmaceutical services.

(4) If regulations provide for a practitioner’s removal from the list for breach of condition—

(a) the regulations may provide that he may not withdraw from the list while the [F6 Primary Care Trust or] Health Authority are investigating whether there are grounds for exercising their power to remove him, or after the [F7 Primary Care Trust or] Health Authority have decided to remove him but before they have given effect to that decision; and

(b) the regulations must include provision—

(i) requiring the practitioner to be given notice of any allegation against him,

(ii) giving him the opportunity of putting his case at a hearing before the [F8 Primary Care Trust or] Health Authority make any decision as to his removal from the list, and

(iii) requiring him to be given notice of the [F9 decision of the Primary Care Trust or of the Health Authority] and the reasons for it and of his right of appeal under subsection (5).

(5) If regulations provide as mentioned in subsection (1), they must also provide for an appeal by the person in question to the FHSAA against the [F10 decision of the Primary Care Trust or of the Health Authority]—

(a) to impose conditions, or any particular condition,

(b) to vary a condition,

(c) to vary his terms of service,

(d) on any review of an earlier such decision of theirs,

(e) to remove him from the list for breach of condition,

and the appeal shall be by way of redetermination of the [F11 decision of the Primary Care Trust or of the Health Authority] .

(6) The regulations may provide for any such decision not to have effect until the determination by the FHSAA of any appeal against it, and must so provide in relation to a decision referred to in subsection (5)(e).

(7) Regulations under this section may provide for the disclosure by a [F12 Primary Care Trust or] Health Authority, to prescribed persons or persons of prescribed descriptions, of information of a prescribed description about persons whose inclusion in the lists referred to in subsection (3) is subject to conditions imposed under this section, and about the removal of such persons from such lists for breach of condition.]

Textual Amendments

F1 S. 43ZA inserted (22.11.2001 for E. and 1.7.2002 for W.) by 2001 c. 15, ss. 21, 70(2) (with ss. 64(9), 65(4)); S.I. 2001/3738, art. 2(1), Sch. 1 Pt. I; S.I. 2002/1475, art. 2(1), Sch. Pt. 1

F2 Words in s. 43ZA(1)(a) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(2)(a); S.I. 2002/2478, art. 3(1)(d)

F3 Words in s. 43ZA(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(2)(b); S.I. 2002/2478, art. 3(1)(d)

F4 Words in s. 43ZA(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(2)(b); S.I. 2002/2478, art. 3(1)(d)

F5 Words in s. 43ZA(1) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(2)(b); S.I. 2002/2478, art. 3(1)(d)

F6 Words in s. 43ZA(4) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(3)(a); S.I. 2002/2478, art. 3(1)(d)

F7 Words in s. 43ZA(4) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(3)(a); S.I. 2002/2478, art. 3(1)(d)

F8 Words in s. 43ZA(4) inserted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(3)(a); S.I. 2002/2478, art. 3(1)(d)

F9 Words in s. 43ZA(4)(b)(iii) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(3)(b); S.I. 2002/2478, art. 3(1)(d)

F10 Words in s. 43ZA(5) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(4); S.I. 2002/2478, art. 3(1)(d)

F11 Words in s. 43ZA(5) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(4); S.I. 2002/2478, art. 3(1)(d)

F12 Words in s. 43ZA(7) substituted (1.10.2002) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 2(5), 42(3), Sch. 2 Pt. 1 para. 18(5); S.I. 2002/2478, art. 3(1)(d)