National Health Service Act 1977

Prospective

[F1 49A Applications for interim suspension. E+W+S

(1) A Health Authority who have made representations under section 46 above may, at any time before the case is disposed of by the Tribunal, apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the case relates.

[F2 (1A) A Health Authority may, if they have requested a review of a conditional disqualification on the ground mentioned in section 47(3)(b) or (c) above, at any time before the review is concluded apply to the Tribunal for a direction to be made under subsection (2) below in relation to the person to whom the review relates.]

(2) If, on an application under this section, the Tribunal are satisfied that [F3 either of the conditions for doing so is satisfied], they shall direct that subsection (3) below shall apply to the person concerned as respects services of the kind to which the case in question [F4 or the case to which the review in question,] relates.

[F5 (2A) The conditions for giving such a direction are—

(a) that it is necessary to do so in order to protect persons who are, or may be, provided with services under this Part of this Act to which the case in question, or the case to which the review in question, relates,

(b) in, or in the case of a review relating to, a fraud case, that unless they do so there is a significant risk that—

(i) an act or omission within section 46(7)(a) above will occur, or

(ii) the investigation of the case or the review will be prejudiced.]

(3) A person to whom this subsection applies shall—

(a) be deemed to have been removed from any relevant list in which his name is included,

(b) be disqualified for inclusion in any relevant list in which his name is not included, and

(c) be deemed to be a person in relation to whom there is in force a declaration [F6 of unfitness in relation to] the provision of services of the relevant kind.

(4) A direction under subsection (2) above shall cease to have effect on the Tribunal’s disposing of the case [F7 or review] in connection with which it is made.

[F8 (5) In subsection (2) above, the reference to patients is to persons to whom services of the kind to which the case in question relates are, or may be, provided under this Part of this Act.]

(6) In the application of subsection (3) above to any person—

(a) “relevant list” means a list [F9 prepared under this Part of this Act] of persons undertaking to provide services of the kind to which the direction applying the subsection to him relates, and

(b) “services of the relevant kind” means services of the kind to which that direction relates.]

Textual Amendments

F1 Ss. 49A-49E inserted (E.W.) (21.12.1995 for specified purposes and otherwise 1.4.1996) by 1995 c. 31, s. 2(1) (with s. 14(5)); S.I. 1995/3090, art. 2, Sch. (subject to art. 3); S.I. 1996/552, art. 2

F2 S. 49A(1A) inserted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(a)

F3 Words in s. 49A(2) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(b)

F4 Words in s. 49A(2) inserted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(b)

F5 S. 49A(2A) inserted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(c)

F6 Words in s. 49A(3)(c) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(d)

F7 Words in s. 49A(4) substituted (prosp.) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 20(e)

F8 S. 49A(5) repealed (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 20(f), Sch. 5

F9 Words in s. 49A(6)(a) repealed (prosp.) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 20(g), Sch. 5