National Health Service (Scotland) Act 1978

31 Disqualification provisions in England or Wales or Northern Ireland. S

F1 (1) If—

(a) under [F2 or by virtue of] any provisions in force in England or Wales or Northern Ireland corresponding to the provisions of this Part, a person is for the time being disqualified for inclusion in all lists prepared under [F3 or by virtue of—]

[F3 (i) those provisions so in force; or

(ii) provisions so in force corresponding to the provisions of Part I of this Act,]

of persons [F4 performing,] undertaking to provide [F5 , approved to assist in providing or approved to perform][F6 any of the services mentioned in one of the paragraphs of section 29(8)], then

(b) [F7 in relation to the services in question] that person shall, so long as that disqualification is in force, be disqualified for inclusion in [F8 any list and (if also the subject of such a declaration under those provisions corresponding to a declaration of unfitness) be treated as if a declaration of unfitness had been made in respect of him].

[F9 (2) Where under the conditional disqualification provisions in England and Wales or Northern Ireland—

(a) any conditions are imposed in relation to the provision [F10 , assistance in provision or performance] by any person of any of the services mentioned in section 29(8); or

(b) any conditions so imposed are varied,

the Secretary of State may, by a notice in writing given to each Health Board and to the person in question, impose those conditions in relation to the provision [F10 F11 . . . or performance] by that person of those services under this Part [F12 , [F13 Part 1 of this Act,] section 17C arrangements or a pilot scheme].

(3) A notice under subsection (2) may make such modifications of the conditions as the Secretary of State considers necessary for them to have the like effect in relation to Scotland as they have in relation to England and Wales or (as the case may be) Northern Ireland, but only if the Secretary of State has previously given the person concerned written notice of the proposed modifications and an opportunity (in accordance with such requirements, if any, as may be prescribed) to make representations about them.

(4) Conditions imposed by a notice under subsection (2) shall cease to have effect if the Secretary of State withdraws the notice by giving written notice to the person concerned.

(5) In this section, “the conditional disqualification provisions in England and Wales or Northern Ireland” means any provisions in force in England and Wales or Northern Ireland corresponding to sections 29C and (so far as relating to conditional disqualifications) 30.]

Textual Amendments

F1 S. 31 renumbered as s. 31(1) (4.3.2004) by 1999 c. 8, ss. 65, 67(1), Sch. 4 para. 49; S.S.I. 2004/32, art. 2(2)(b)(c)

F2 Words in s. 31(1)(a) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(a)(i); S.S.I. 2004/33, art. 2(1)(c)

F3 Words in s. 31(1)(a) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(a)(ii); S.S.I. 2004/33, art. 2(1)(c)

F4 Word in s. 31(1)(a) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(2)(a)

F5 Words in s. 31(1)(a) inserted (4.3.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(a)(iii); S.S.I. 2004/33, art. 2(1)(c)

F6 Words in s. 31(1)(a) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(a); S.S.I. 2004/32, art. 2(2)(b)(c)

F7 Words in s. 31(1)(b) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(b); S.S.I. 2004/32, art. 2(2)(b)(c)

F8 Words in s. 31(1)(b) substituted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(b); S.S.I. 2004/32, art. 2(2)(b)(c)

F9 S. 31(2)-(5) inserted (4.3.2004) by 1999 c. 8, ss. 65(1), 67(1), Sch. 4 para. 49(c); S.S.I. 2004/32, art. 2(2)(b)(c)

F10 Words in s. 31(2) inserted (4.3.2004 for certain purposes otherwise 1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(b)(i); S.S.I. 2004/33, art. 2(1)(d)(2)(b), Sch.

F11 Words in s. 31(2) omitted (1.4.2004) by virtue of The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(2)(b)(i)

F12 Words in s. 31(2) inserted (1.4.2004) by 2002 asp 5, ss. 25, 27(2), Sch. 2 para. 2(8)(b)(ii); S.S.I. 2004/33, art. 2(2)(b)

F13 Words in s. 31(2) inserted (1.4.2004) by The Primary Medical Services (Scotland) Act 2004 (Modification of Enactments) Order 2004 (S.S.I. 2004/167), art. 2, Sch. para. 1(2)(b)(ii)